Three Megatrends in the International Intellectual Property Regime

Abstract

Since the establishment of the Paris and Berne Conventions, the international intellectual property regime has encountered two world wars, struggled with several global pandemics, welcomed dozens of newly independent nations and interacted with a wide variety of technologies and innovative practices. Although this regime progressed only slowly for the larger part of its first century, it saw major transformation in the past four decades, including the adoption of the WTO TRIPS Agreement.

Written in commemoration of the centennial of the American Branch of the International Law Association, this article identifies three megatrends to illuminate the magnitude and ramifications of such transformation: (1) the rise of emerging countries; (2) the increased complexity of the international intellectual property regime; and (3) spatial transformation brought about by the proliferation of new technologies. Focusing on the myriad of impacts that changing actors, institutions and technologies have brought to the international intellectual property regime, this article discusses each megatrend in turn and explores its significance for the ongoing and future development of the international intellectual property regime.