Patent regulation in North-South and South-South Trade Agreements

The article provides a comparative examination of patent provisions in both North-South and South-South Preferential Trade Agreements (PTAs). It assesses whether the flexibilities of World Trade Organization Agreement on trade-related aspect Intellectual Property Rights (TRIPS), are getting eliminated, preserved or affirmed in the studied PTAs. The article studies the PTAs of both the United States and European Union with developing countries as examples of North-South agreements, and the PTAs of both China and India with developing countries as examples of South-South agreements. The PTAs of US show systematic efforts to eliminate TRIPS flexibilities. EU chapters on IP engage partner countries to accede or comply with WIPO treaties in its earlier versions, and converge toward US approach in its latest versions. By contrast, China PTAs affirm commitment under TRIPS and emphasis some of its flexibilities. Patent related issues are absent from India’s PTAs