WTO and the Legal Challenge of Patent Protection in the Anti-globalization Environment: A Case Study of the Patent Protection Dispute between the United States and India in Pharmaceuticals and Agrochemicals

DOI

10.2991/978-94-6463-734-2_17How to use a DOI?

Keywords

WTO; Intellectual property protection; TRIPS Agreement; Public health; Patent protection

Abstract

The globalized framework of patent protection, under the World Trade Organization (WTO) and its Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, is increasingly challenged by anti-globalization trends. This paper analyzes the patent protection dispute between the United States and India, particularly in the pharmaceutical and agrochemical sectors, to explore the legal challenges WTO faces in an era of deglobalization. It discusses the tension between intellectual property protection and public welfare, highlighting the impact of compulsory licensing and the limitations of the WTO’s dispute resolution mechanisms. Furthermore, the paper addresses the growing conflict between the global application of patent laws and the sovereignty of developing countries, emphasizing the need for flexible reforms in the TRIPS agreement to accommodate national developmental goals. The study suggests that balancing intellectual property rights with public health, as well as expanding the legal and operational flexibility within the WTO framework, are essential for achieving fairer global patent protection amidst rising nationalism and protectionism.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Yanan Zheng
PY  - 2025
DA  - 2025/05/27
TI  - WTO and the Legal Challenge of Patent Protection in the Anti-globalization Environment: A Case Study of the Patent Protection Dispute between the United States and India in Pharmaceuticals and Agrochemicals
BT  - Proceedings of the 2025 10th International Conference on Social Sciences and Economic Development (ICSSED 2025)
PB  - Atlantis Press
SP  - 140
EP  - 150
SN  - 2352-5428
UR  - https://doi.org/10.2991/978-94-6463-734-2_17
DO  - 10.2991/978-94-6463-734-2_17
ID  - Zheng2025
ER  -