The Politics and Outcomes of Preferential Trade Strategies: Evidence from TRIPS-Plus Provisions in US-Latin America Relations

Journal of World Trade, Vol. 50, No. 6, p. 1061-1084, 2016

24 Pages Posted: 15 Dec 2016

See all articles by Yi Shin Tang

Yi Shin Tang

University of Sao Paulo (USP) - Institute of International Relations

João Paulo Teodoro

University of Sao Paulo (USP) - Institute of International Relations, Students

Date Written: December 4, 2016

Abstract

This article investigates the circumstances under which the agenda of intellectual property rights (IPRs) influences the decision of states to pursue preferential trade agreements (PTAs). Governments are often prone to negotiate PTAs due to distinctive pressures from IPR-intensive industries to disseminate TRIPS-Plus standards, which are particularly willing to capitalize on the advantages of preferential arrangements. To illustrate this argument, we examine the processes around the expansion of IPR provisions in the PTAs signed by the United States with Latin American countries, as enabled by the Trade Promotion Authority Act of 2002. We find that, while broad variations of TRIPS-Plus standards emerged across these PTAs, both governments and private sector tend to perceive gains from this setup, since PTAs are unlikely to undermine the IPR standards achieved by the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter ‘TRIPS Agreement’), but still provide opportunity for the promotion of higher IPR standards in each individual market.

Keywords: Intellectual Property Rights, Preferential Trade Agreements, TRIPS, United States, Latin America

JEL Classification: F13, K33

Suggested Citation

Tang, Yi Shin and Teodoro, João Paulo, The Politics and Outcomes of Preferential Trade Strategies: Evidence from TRIPS-Plus Provisions in US-Latin America Relations (December 4, 2016). Journal of World Trade, Vol. 50, No. 6, p. 1061-1084, 2016. Available at SSRN: https://ssrn.com/abstract=2884847

Yi Shin Tang (Contact Author)

University of Sao Paulo (USP) - Institute of International Relations ( email )

Prof. Lucio Martins Rodrigues, Ave.,
by cross 4-5
São Paulo, 05508-020
Brazil

João Paulo Teodoro

University of Sao Paulo (USP) - Institute of International Relations, Students ( email )

São Paulo, 05508-020
Brazil

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