Intellectual Property Law: Analysis of Globalization and IPR Issues

This essay delves into the intricacies of intellectual property law, examining its fundamental aspects and its significance in the context of globalization. It explores various types of intellectual property, including patents, copyrights, and trademarks, and discusses their roles in fostering innovation and protecting creative works. The essay provides an overview of the World Intellectual Property Organization (WIPO) and its functions in promoting and safeguarding intellectual property rights globally. Furthermore, it analyzes the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, assessing its impact on international trade and business. The essay critically evaluates the effectiveness of global business practices concerning intellectual property and concludes with recommendations for improvement, offering insights into the challenges and opportunities in this evolving legal landscape.

INTELLECTUAL
PROPERTY LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Increase of globalization with considerable challenges and risk faced by intellectual property. 3
TRIPS and challenges with minimizing it by international regulation........................................8
Critically evaluate the effectiveness of global business with intellectual property ..................11
RECOMMENDATION ................................................................................................................12
CONCLUSION..............................................................................................................................12
REFERENCES .............................................................................................................................13

INTRODUCTION
Intellectual property law are those kinds of law that deal with the intellect of an
individual over dealing with that kind of rights which can be not be seen and only felt. In other
words these laws are that type of law which deals with various aspects of those property that
consists of invention, unique art and also trade mark of an product is included in it. These law are
of both national and international existence. Scope of these laws are wide in nature because deal
with various aspects of rights that has been dealing with uniqueness of an product or art. Nature
is dynamic because it cover those right which gives power to the owner of an intellectual
property to take legal action against those trying to use his or her work without proper
permission. This essay is based on intellectual property law and is going to cover basics of this
law and also is going to talk about World Intellectual property organization. Also TRIPS is going
to be discussed. In the end an critical evaluation has to be done over globalization of business
and also recommendation has to be given for improvement.
MAIN BODY
Increase of globalization with considerable challenges and risk faced by intellectual
property
Intellectual Property: These are that kid of law that deals with intangible things that has
been created out the human intellect. There are various kind’s of intellectual property which are
being recognized by others. Most popular laws that are included in are copyrights, patents and
trademark. Earlier these laws use to exist with some kind of intellectual property and has its
existence in Ancient Rome also. This law was developed in England in 17th and 18th century. It
come into concrete existence from 19th century. It was not until the late 20th century that it gained
popularity over the majority in world's legal system. Such laws majorly focuses upon creating of
various intellectual goods. In order to achieve the law which gives business property rights over
information and intellectual goods that has been formed only for a limited period of time. It gives
1various incentives over creation that helps in gaining of profit form information and intellectual
goods that is created. Such incentives over creation has been allowing people to generate profit
over information and intellectual goods that is formed. Economic incentives gives an stimulation
1 G. Wurtenberger, 'Intellectual Property Law Of Plants' (2017). Intellectual property is one of the most important
kind of law in today’s world for trade.

over innovation and has to contribute in the technical progress and popularity that is dependent
upon protection granted to innovators. Having intangible nature of intellectual property has been
presented with difficulties and makes it different form property law of traditional nature. Unlike
traditional property this is an indivisible property because number of people can consume an
intellectual goods without being depleted.2 Other things of investment is included in intellectual
goods suffer from problems of appropriation: a landowner can surround their land with a robust
fence and hire armed guards to protect it, but a producer of information or literature can usually
do very little to stop their first buyer from replicating it and selling it at a lower price. Balancing
rights so that they are strong enough to encourage the creation of intellectual goods but not so
strong that they prevent the goods' wide use is the primary focus of modern intellectual property
law (Basso, 2019).
Intellectual property has various elements in it that is being used commonly by an
individual or an organization. It includes patents, copyright, industrial design rights, trademarks ,
plant variety rights, trade dress, geographical indication and at some times trade secret. The term
"industrial property" is sometimes used to refer to a large subset of intellectual property rights
including patents, trademarks, industrial designs, utility models, service marks, trade names, and
geographical indications.
Patents: This is that form of rights which has been granted by the government to that
person that has invented successor in title giving the owner right to exclude other from making,
using selling, offering to sell and importing invention for limited period of time. All this is done
only when the invention is done over limited period of time. An invention is an solution of
specific technological problem that required to be fulfilled by an product or process. It has to be
new, not obvious and there needs over industrial applicability. To enrich body of knowledge and
stimulation. This provides an obligation over needs of industrial applicability. To enrich the body
of knowledge and stimulates innovation. It keeps the information safe from being used by
another person in illegal manner.
3Copyright: It gives craters original work with exclusive rights to it generally for limited
period of time. Copyright is going to be applied over different range of creative, intellectual or
2 R. Neethu, 'Sovereign Trusteeship And Multilateral Protection Of Intellectual Property Rights' (2019).
Intellectual property deals with patent, trademark and copyright.

artistic form or workers. Copyright is applied over wide range of creativity or artistic form of
work. Copy right has to cover ideas and information by themselves. It only covers about form or
manner of idea's expression.
Trademarks: This is one of the most famous part of the law because it deals with design
or expression that is helpful in distinguishing between the products or services which involves
trade of an product both new or old. Intellectual laws are one of the most important kind of
law that has been impacting various aspects of new innovation or theories that are used for
the purpose of trade or business and breaking of these laws is going to result into
infringement that has been explained as follows :
Patent infringement these are that kind of infringement that deals with selling of patents
or an invention without the permission of the individual or organizations invented it. An term is
there in various jurisdiction that is safe harbor that is being used for patents invention for
research. In general such cases are handled under civil law.
Copyright infringement this has been used for reproducing, distributing, displayed or
performed work of derivative nature without taking permission of the copyright holder. This
means an work that originally belongs to another person who has made but is being used by
another person in illegal manner. There is a term that has been used for it that is piracy. In
general manner the copyright holder is going to face money damages if the owner has got the
work registered. Such infringement can include criminal penalties, fines for the copyright
infringement. There are certain limitation and exception over copyright that is allowing limited
use of copyright work which does not lead to infringement of any kind.
Trademark infringement this happens when one party has been used as a trademark
that is identical or slight similar over trademark that is used to represent an product to be sold in
market. In many countries trademark receives protection without registration. The registration
trademark has been provided with legal advantages for enforcement. Infringement is going to be
addressed through civil litigation in several jurisdiction or under criminal law.4
3 G. Wurtenberger, 'Intellectual Property Law Of Plants' (2017). WIPO is dealing with intellectual property rights
all ove the world.
4 F. Graf and M. Kri anac, 'Program Logic In The Field Of Intellectual Property: Protectability Under Austrian
Law' (2016). Intellectual property protects rights that cannot be seen but only felt.

Intellectual property and globalization: Intellectual property rights has become one of the
most important part of modern world and has emerged as an important part of global innovation
policy. The ' Trade Related aspects of intellectual property rights'(TRIPS) agreement that has
been signed in 1994 is an important part of World trade Organization has represented attempt
over establishing global harmonizing of Intellectual Property Protection. This has become an
emerging issues in current society from view point of political economy. Conceived a new
mechanism to globalize property and a substitute for earlier from of trade protection such tariff
and industrial subsidies.
The issue that has been raised by Intellectual property is vital economic, cultural and
moral questions for contemporary society. Key significant feature that is included in IP are
globalization of production has helped in increasing of mobility of capital, digital technology and
subsequent growth in information services has lead towards growth of this in faster and
appropriate manner. Also dominance of free market doctrine and enhancing of competition
between trading and national economy has taken place. Increasing interdependence of
environment ecosystem in shrinking world has lead towards smoothing of process of selling and
doing business.
The reinvention of government and advent of civil society and private sector agents as
power brokers in public policy formation through the 'Trade Related Aspects of Intellectual
Property Rights' (TRIPS) Agreement, there is an attempt to impose worldwide a western system
of IPR. Western government and large corporation claim that in IPR investment is required to
have massive investment for innovation. These are being impacted by political and social
movement that has asserted over maintaining investment with innovation. The position has been
contrasted by new political and social movement that has enforced IPR and hampers economic
growth with welfare of developing countries.
World Intellectual Property Organization (WIPO): It is an international organization that has
been formed in order to deal with all kind of issues that has been accruing at global level
regarding intellectual property. World Intellectual Property Organization is one of the 15
specialized organizations of united nation. 5This organization was established after Convention
5 B. Isaac, 'Merchandising Intellectual Property' (2020). TRIPS were formed in order to enhance and make strong
agreements.

Establishing the World Intellectual Property Organization. WIPO has been created in order
to do promotion and protecting intellectual property all over the world. It is done with the help of
cooperating with the countries and other organizations. This come into force on 26th April 1970
after the convention entered into force. Such organization is being including in order to discuss
the shape and formation of intellectual property rules. All the rules and regulation that has been
formed are based on the policies, providing of global services that has been registered and
protected within different countries. It makes issue of Tran’s boundary disputes to be solved.
IP dispute has been helping to connect process of intellectual property of various nations
to global level. Also this organization has made improvisation of standards and infrastructure
related to intellectual property. Database is being prepared over the intellectual property matter
from all over the world. It includes over providing reports and statistics upon the condition of
intellectual property throughout the glob and includes specific countries. WIPO has been with
government and non-governmental organization to make intellectual property impact the
socioeconomic development.
WIPO has been administering 26 international treaties that has been concerned with the
wide variety of intellectual property issue which are ranged from establishing international patent
with classification. It has been governed by General assembly and coordination committee. This
has been set policy and serve as important decision making bodies. Organization has been
currently having 193 members in which 190 are members of UN.
Purpose of WIPO
The purpose of WIPO is to promote the protection of intellectual property
throughout the world with cooperation of states and appropriate collaboration with an
international organization. It is also use to ensure administrative cooperation among union.
6Intellectual property comprise two main branches industrial property, chiefly in inventions,
trade markers and industrial design. Also copyright, chiefly in literary, musical, artistic,
photographic and cinematographic work is also included in it. The WIPO Convention lists rights
in intellectual property relating to literary, artistic, and scientific works; performances of artists,
6 N. Parker, 'Intellectual Property And Joint Ventures: Protection Of Intellectual Property On
Exit' (2020). Intellectual property deals with various aspects of intellectual property.

phonograms, broadcasts, inventions in all fields of human endeavor; scientific discoveries,
industrial designs, trademarks, service marks and commercial names and designations. The
convention also offers protection against unfair competition and covers all other rights resulting
from intellectual activity.
Also this organization that has been formed in order to basically promote Intellectual
property and make it popular at global level. Such organization has been able to maintain an
dignity of intellectual law at both global and national level. Also this organization being a part of
united nation is being able to gain trust with security. Various countries has been involved with
jointly working under this organization to maintain social benefit of such law. Also security has
been provided to various new inventions, development in art with enhancement of culture and
also has been helping to save any kind of specific thing existing with a country or in its business
pattern.
TRIPS and challenges with minimizing it by international regulation
Trade-Related Aspects of Intellectual Property Rights(TRIPS): It is an international
legal agreement that take place between all the members that are present all over the world of
World Trade Organization. It has been formed in order to set down minimum standard for
regulation by national government over many kinds of intellectual property that are into
existence. This is applicable to all the member nation of World Trade Organization. TRIPS was
initiated after the end of Uruguay Round of General Agreement on Tariffs and Trade between
the year 1989 and 1990 which was conducted by WTO.
In this agreement introduction of intellectual property law in various kinds of multilateral
trading system. For the very first this concept was introduced and till date is the best multilateral
7agreement into existence in relation to intellectual property. Developing countries has shown
concerned in the year 2001 that marked out the narrow applicability of TRIPS and this lead to
make talks according to Doha Deceleration. It was initiated by WTO in which an statement was
7 Tosato, 'Security Interests Over Intellectual Property' (2017) 6 Journal of Intellectual
Property Law & Practice.
Also Globalization has impacted intellectual property in both positive and negative manner.

marked that gave an idea over the scope of TRIPS and made it more clear with the goal "to
promote access to medicines for all." According to this WTO members are required to provide
copyright rights, authors and other kind of rights related to copyright like performers, sound
recordings procedures, broadcasting agencies.
Also geographical indication, industrial designs with integrated circuit design and
undisclosed confidential information are being protected under this agreement. In this specific
enforcement, procedure, remedies and dispute resolution method is being covered. In order to
protect an intellectual property right shall meet objectives to make promotion of an innovation or
technology with its transfer and dissemination of technology. All mutual advantage of producer
and user of technological knowledge. Also in a manner should be impacted over the social and
economic welfare for balancing of rights and obligations.
Such agreement has been basically formed in order to make intellectual property to meet
the standards for protecting and enforcing all kinds of forms of intellectual property rights. In
this agreement has failed to specifically mark global minimum standards for patents. There are
various features of TRIPS and they are as follows:
 Standard: It is one of the main element of protection that has been defined with subject
matter protection. Also right to conferred and permissible exception to that kind of rights
with duration of protection.
 Enforcement: This is the second main step within this provision that is dealing with
domestic procedures and remedies to enforcing of intellectual property rights. This
contains various provisos on civil and administrative procedure with remedies,
provisional measures special requirement in relation to measures that is broader and also
criminal procedure is there that has been specified with details of procedure and
remedies.
 Dispute Settlement: This makes dispute between WTO members over the respect of
TRIPS obligations that is subject to WTO dispute settlement procedure.
The TRIPS agreement is basically based upon the conception of intellectual property as
an idea to all over the world. This can be a problem because it can in a narrower sense is going to

lead over affording of greater propriety over public good and lot of issues. This can also be in the
form of “traditional knowledge”. If some information has been shared among the indigenous
communities to the codified Western model of an individual and exclusive ownership. In recent
time various progress has been made within the biotechnology and the products based upon it
has been highlighting over the contrast. As modern genetic has been based over doing research
which has increased human welfare that is going to be a form of intellectual property because its
fits within the framework of TRIPS.
8It does not currently provide an agreed interpretation over the traditional knowledge and
how it should be protected. Some basic provisions that is there within the TRIPS includes article
3, 4 and 5 has been including over the fundamental rule at national level and most-favored nation
treatment is also there. This common for all kinds of categories of intellectual property that has
been covered under the agreement. Under this not only the substantive standard of protection is
being covered about the matters that is impacting acquisition, scope, maintenance and
enforcement of intellectual property right as well as matters that has been impacting use of
intellectual property rights that has been addressed within the agreement. Comparison of terms
for copyright protection in excess of the minimum term required by the TRIPS Agreement as
provided under Article 7(8) of the Berne Convention as incorporated into the TRIPS
Agreement). Certain other limited exceptions to the MFN obligation are also provided for.
.9 These objectives include the reduction of distortions and impediments to international trade,
promotion of effective and adequate protection of intellectual property rights, and ensuring that
measures and procedures to enforce intellectual property rights do not themselves become
barriers to legitimate trade. These objectives should be read in conjunction with Article 7,
entitled “Objectives”, according to which the protection and enforcement of intellectual property
rights should contribute to the promotion of technological innovation and to the transfer and
dissemination of technology, to the mutual advantage of producers and users of technological
8 A. Guadamuz, 'Computer Law Still Delivers' (2020) 3 Journal of Intellectual Property Law
& Practice. Both TRIPS and Globalization are interlinked with each other because of there
trade related aspects.
9 A. Tosato, 'Security Interests Over Intellectual Property' (2018) 6 Journal of Intellectual
Property Law & Practice. Globalization and intellectual property are inter related to each other.

knowledge and in a manner conducive to social and economic welfare, and to a balance of rights
and obligations. Article 8, entitled “Principles”, recognizes the rights of Members to adopt
measures for public health and other public interest reasons and to prevent the abuse of
intellectual property rights, provided that such measures are consistent with the provisions of the
TRIPS Agreement.
Further there has to be protection of registration that is a well-known mark that has to be
extended towards goods and services. It should not hold any kind of similarity in respect of
trademark that has been registered. This is used in order to show indication of connection
between that kinds of goods or services. As the owner of registration trademark with an interest
of owner that is likely to be damaged by such use. Initial registration and renal of registration of
trademark shall be done for a term of seven years. Registration done should be renewable.
Cancellation of mark on the grounds of non-use cannot take place within three years of
uninterrupted and also there should be valid reason for such cancellation. It is the duty of the
owner to mark out the problem faced with a particular trademark. If any kind of restriction has
been put by any higher authority, government official or by the owner is considered to be a valid
reason for not using the trademark. If an trademark has to be used by another person at the time
when owner is having control over the recognized trademark. Then permission is required to be
taken by the owner of it.
Critically evaluate the effectiveness of global business with intellectual property
10Globalization has been proven to be one of the most important factors existing within a
country. As it has changed basic scenario of performing business at global level. After the
introduction of TRIPS agreement has also brought lot of changes and has been introducing
globalization at larger scale. Both TRIPS and Globalization has been proven to be one of the
most important factors in letting business to be done in better manner. Both of them has
introduced new ways of making important aspects of business secured. Globalization and TRIPS
has been proven to be one of the most effective things that has been able to enhance the activities
of business. As TRIPS deals with evolution of intellectual property and globalization deals with
10 Phillips J, 'Property! What Property?' (2018). TRIPS and globalization has ease down trade
activities.

introducing of new platform in order to perform business at global level. TRIPS is responsible
for protecting of new kind of working patterns in making it more secured. Globalization has been
proven to be very important in a manner that it has changed the scenario of doing business with
its impact on national market. So, in this manner they are better for a business to sustain.
Developing countries have been discussion over the controversial issues of compulsory
licensing. Also developed countries are the most vocal critics of TRIPS flexibility. Numerous
development of nations and the name of pharmaceutical industry resist compulsory licensing due
to this argument has weaken intellectual property regime in foreign countries undermines patent
holders rights and amount that has to be spend over the research with development. On the other
hand, developing countries are in favor of compulsory licensing. However, even though these
countries are in favor of compulsory licensing, there has been fierce opposition of the use of
compulsory licensing from the developed world. Also TRIPS flexibility has been argued and
afforded by TRIPS it is having potential of creating harm then to benefit over developing nation.
They are of the opinion that compulsory licensing that is very harmful to both social and
economic interest of developing nations. This is caused due to weakening of system that is there
for patent in these countries. It has been argued that developed countries is not ready to unwilling
exporting of product and technologies of such nation. Also technology and industrial progress is
very important in order to make prosperity possible.
RECOMMENDATION
11The above discussion is over intellectual property and I have learned that intellectual
property is based on those property that cannot be felt. Also I have learned that TRIPS is very
important from view point of making business at global level possible. Also I have learned that
intellectual property and globalization is related to each other. Then I have learned that TRIPS
and globalization has been impacting the business at global level. It has been analyzed with the
help of developing and non – developing countries view point. All the issues that has been
11 F. Graf and M. Kri anac, 'Program Logic in the Field of Intellectual Property:
Protectability under Austrian Law' (2016). All kinds of aspects related to globalization
and intellectual property has certain significance over modern world.

occurring in the TRIPS agreement can be removed by making it more compatible towards
globalization.
CONCLUSION
In this file there has been an concept that can be understood that intellectual property
right is one of the most important for an organization. These basically deals with the intellect
property that has been formed. Under it copyright, trademark and patents are included. Then
globalization and intellectual property right has been explained. Further in this file world
intellectual Property organization has been explained that has been dealing with international
laws of intellectual property rights. Then TRIPS agreement has been covered and in the impact
of TRIPS has been covered in context of business at global level. In the end recommendation has
been given over the improvements to be done.

REFERENCES
Books and journals
G. Wurtenberger, 'Intellectual Property Law Of Plants' (2017) 9 Journal of Intellectual Property
Law & Practice.
A. Tosato, 'Security Interests Over Intellectual Property' (2017) 6 Journal of Intellectual Property
Law & Practice.
A. Tosato, 'Security Interests Over Intellectual Property' (2018) 6 Journal of Intellectual Property
Law & Practice.
B. Isaac, 'Merchandising Intellectual Property' (2020) 3 Journal of Intellectual Property Law &
Practice.
F. Graf and M. Kri anac, 'Program Logic In The Field Of Intellectual Property: Protectability
Under Austrian Law' (2016) 9 Journal of Intellectual Property Law & Practice.
G. Wurtenberger, 'Intellectual Property Law Of Plants' (2017) 9 Journal of Intellectual Property
Law & Practice.
J. A. Pabon Cadavid, 'Indigenous And Traditional Communities Must Be Consulted Before
Approval Of Intellectual Property Treaties' (2018) 10 Journal of Intellectual Property
Law & Practice.
J. Phillips, 'Property! What Property?' (2019) 6 Journal of Intellectual Property Law & Practice.
Kevin Winters, 'Trade Marks And Geographical Indications Retain Distinct Functions In
Intellectual Property Law' (2018) 11 Journal of Intellectual Property Law & Practice.
N. Parker, 'Intellectual Property And Joint Ventures: Protection Of Intellectual Property On Exit'
(2018) 4 Journal of Intellectual Property Law & Practice.
N. Parker, 'Intellectual Property And Joint Ventures: Protection Of Intellectual Property On Exit'
(2020) 4 Journal of Intellectual Property Law & Practice.
N. Wilkof, 'Paradoxes And Intellectual Property Law' (2016) 8 Journal of Intellectual Property
Law & Practice.
Phillips J, 'Property! What Property?' (2018) 6 Journal of Intellectual Property Law & Practice
R. Neethu, 'Sovereign Trusteeship And Multilateral Protection Of Intellectual Property Rights'
(2019) 10 Journal of Intellectual Property Law & Practice.

R. Neethu, 'Sovereign Trusteeship And Multilateral Protection Of Intellectual Property Rights'
(2018) 10 Journal of Intellectual Property Law & Practice.