Two World Trade Organization (WTO) disputes regarding China’s enforcement of intellectual property rights (IPR) related to standard essential patents (SEP), both brought by the EU, have brought to the fore a systemic crisis: a breakdown of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and its vision for a coordinated patent system that promotes technological innovation. As regional power struggles and judicial overreach intensify, the global standard-setting framework in which SEPs operate is being undermined by national interests. Balancing SEP owners’ incentives to innovate and implementers’ access to that technology is crucial for scientific advancement and the global distribution of those advancements.
Legal Issues of Economic Integration