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Who Will Manage Global IP Protections? – Analysis

The growth of new technologies and geopolitical rivalries has complicated international IP protection. WIPO's flexible, mediating approach may succeed where more rigid regulatory frameworks have struggled, but hurdles remain. Amid the military posturing, economic sanctions, and political power struggles shaping the U.S.-China rivalry, intellectual property (IP) disputes remain a major battleground. In January 2025, Chinese company DeepSeek's latest AI model helped wipe $1 trillion off the U.S. stock market by demonstrating how open-sourced collaboration—refining publicly available AI technology—can rival proprietary models without massive investment. Major U.S. AI company OpenAI, however, quickly accused DeepSeek of infringing on its work, joining the chorus of U.S. officials and companies that have long accused China of IP theft across various industries. Yet OpenAI itself has been accused of using other copyrighted material without permission to build its generative AI model, even though it maintains that it is protected under the fair use doctrine. The internet and newer technologies like AI and 3D printing allow creators to produce, distribute, and monetize their work without traditional gatekeepers. Yet, these same tools expose these works to rampant infringement and diminished control. Globalization has further complicated IP protection, with fragmented enforcement and tensions over protecting innovation and public access. Globalization and IP Protections While IP has weathered past technological disruptions, today's rapid innovation in a globalized context is dismantling old protections faster than policymakers can adapt. The World Intellectual Property Organization (WIPO) has positioned itself as the key mediator to address 21st-century IP disputes involving countries, corporations, and individuals, but faces growing obstacles in keeping pace with the fast-moving changes. Advocates argue that strong IP laws drive innovation by protecting creators, encouraging collaboration in a fair system, and enabling others to build on existing work. Critics counter that these laws often favor large corporations and shareholders over consumers and developing countries, hinder collaboration, create monopolies, and restrict access to essential goods. Global IP protections are nonetheless a relatively recent concept. They trace back to Ancient Greek recipe safeguards, but gained momentum in the last few centuries. The printing press revolutionized content distribution in the 15th century, and the industrial revolution later fueled invention, mass production, and transportation advances—alongside rampant IP theft. Post-independence, U.S. entities frequently copied British industrial designs, accelerating industrial growth. Pivotal agreements—like the Paris Convention (1883) for industrial property, the Berne Convention (1886) for literary and artistic works, and the Madrid Agreement (1891) for international registration—laid the foundation for today's global IP framework. WIPO, created in 1967, and the World Trade Organization (WTO), created in 1995, later emerged alongside other bodies to oversee the four main types of IP—patents (inventions), trademarks (brand identity), copyrights (creative works), and trade secrets (like customer data and algorithms). The Challenges of Regulating an Evolving Digital World The WTO sought to harmonize trade rules amid accelerating globalization in the 1990s. Its Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement aimed to standardize global IP protections but has struggled to do so. Only WTO members can participate in the agreement, excluding some African, Middle Eastern, and Central Asian countries, and private actors. The WTO's processes can be slow, with few disputes reaching resolution—most are either stalled or settled on terms dictated by more powerful members. TRIPS's compulsory licensing allows third parties to produce patented inventions without the owner's consent under specific conditions, but such measures often provoke retaliation. When Thailand issued a license for HIV medication in 2007, the U.S. and the EU pressured it to backtrack, while pharmaceutical giant Abbott separately responded by withholding some of its products from the Thai market. Additionally, Free Trade Agreements (FTAs) have sidestepped TRIPSenforcement. The North American Free Trade Agreement (NAFTA), for instance, curbed IP violations more effectively than WTO. The United States's unilateral actions, including "blocking the reappointment of Appellate Body members who were seen as not having 'served' U.S. interests sufficiently,"—especially since 2019—have further weakened the system. Domestic agencies like the U.S. International Trade Commission (USITC) and the U.S. Patent and Trademark Office (USPTO), meanwhile, enforce their own IP standards, undermining TRIPS rules. China, with its newfound economic power, is following suit. Perhaps TRIPS's greatest challenge is keeping pace with emerging technologies. During WTO's inception in 1995, the public internet was in its infancy. Today, digital piracy is widespread, with AI and 3D printing further disrupting traditional IP frameworks, causing TRIPS's rigid structure to buckle under the weight of a rapidly evolving digital world. "[T]he TRIPS agreement does not define how to deal with AI-generated works, and individual members have taken different approaches in their domestic legislation, ranging from full protection of AI-generated works to a requirement of human creativity that effectively leaves such works unprotected. This patchwork is likely to become increasingly unsatisfactory as the share of intellectual property—both copyright and patents—generated by AI and traded across borders continues to rise," points out a 2023 article in the International Institute for Sustainable Development. WIPO Steps in to Regulate the Digital Space WIPO, which became a UN-specialized agency in 1974, has positioned itself as the leading force in global IP protection. Unlike TRIPS, which enforces trade-based IP rules, WIPO oversees 27 broad IP treaties, including the Patent Cooperation Treaty (PCT) for international patent applications and the Madrid System for trademark registration. Rather than imposing strict enforcement, WIPO provides guidelines, training, and resources to strengthen IP laws and institutions. It takes a cooperative approach to dispute resolution and harmonization, working with companies and agencies like the USPTO and partnering with organizations like the African Regional Intellectual Property Organization to support capacity-building in developing nations. Largely self-funded, WIPO derives most of its revenue from IP services and registrations, reducing reliance on member contributions and limiting external influence. WIPO's ability to navigate modern IP problems remains under scrutiny, with COVID-19 serving as a major test. It expanded its PATENTSCOPE database for COVID-related patents and strengthened the Access to Research for Development and Innovation (ARDI) program, providing developing countries with free or low-cost access to scientific journals. WIPO also sought to mediate between the WTO—backed by pharmaceutical corporations and Western countries favoring stronger IP protections—and the World Health Organization (WHO), led by India and South Africa, pushing for broader vaccine access. The 2022 waiver agreement, providing a "waiver of intellectual property (IP) protections for COVID-19 vaccine patents," was widely seen as too limited and delayed, reinforcing perceptions that WIPO favored corporate and Western interests, even for generic medicines. "Evergreening," for example, where pharmaceutical companies make minor modifications to extend patent life and block generic competition, has been a consistent controversy within WIPO. This practice has also raised concerns about aligning IP law with human rights objectives, especially to protect public interests in poorer countries. In 2013, WIPO launched its Green Marketplace to connect companies, researchers, and NGOs for green technology collaboration. This initiative followed the 2008 Eco-Patent Commons, an IBM-led effort offering free public patents that struggled due to patent limitations, narrow scope, and low engagement. WIPO's marketplace saw greater success by more effectively building connections, tracking results, and providing funding, mediation, and other resources for long-term impact. Ongoing digitization remains a key WIPO challenge, requiring constant updates. The 1996 WIPO Internet Copyright Treaties addresses online copyright issues, while the Digital Access Service (DAS), introduced in 2009, streamlines the international exchange of documents securely. WIPO PROOF, a 2020 digital timestamping service for IP protection, was discontinued in 2022 due to "poor demand," reflecting WIPO's willingness to experiment despite occasional setbacks. More than the WTO, WIPO has explored blockchain technology's potential for securing IP rights by using an immutable, transparent ledger to track and verify asset ownership, and changes in real time. In 2018, it launched a Blockchain Task Force, followed by a 2020 white paper outlining blockchain's role in the entire IP lifecycle and smart contracts—self-executing agreements that enforce terms automatically when conditions are met. The strengthening of copyright and corporate influence in developing digital IP laws has raised objections, with critics arguing it prioritizes profit over public benefit. Copyright durations can be excessively long, often granting disproportionate control over fair use. While most IP revenue is made in the first few years, access can remain restricted for about a century. For example, streaming services like Spotify quickly generate substantial revenue, yet long-term copyright often undercompensates artists, as WIPO noted in its 2021 report on the expansion of copyright law concerning Spotify. However, WIPO's influence is limited, and its slow progress on broader copyright issues has created space for other models promoted by organizations like Creative Commons and the Open Knowledge Foundation to further alternative licensing models. These models often include free licensing, aiming to expand access to IP-protected works while allowing creators to retain some control over their use. Concerns also surround 3D printing and AI. The ease of replicating physical objects with 3D printing complicates IP enforcement, and WIPO offers Alternative Dispute Resolution (ADR) services, including mediation and arbitration, to help bring resolution. While WIPO has attempted to bring clarity and guidelines to 3D printing for more than a decade, experts agree that additional efforts are needed. AI similarly challenges IP by blurring ownership and originality. WIPO's 2020 convention with AI stakeholders and 2024 Patent Landscape Report on AI have aimed to help countries and businesses develop policies for AI-related inventions. However, as with 3D printing, WIPO struggles to keep pace with technological advances. The internet, as a global distributor, only accelerates unauthorized sharing, undermining the potential for effective oversight. China Dominates the Tech Space WIPO also faces the difficulty of managing disputes between China and the U.S. Its Patent Landscape Report reveals the increasing dominance of Chinese tech companies and research institutions. In 2023, global patent filings reached about 3.6 million, utility models were at 3.1 million, and industrial designs were at 1.5 million. China dominated most categories, with the U.S. following. However, while China submitted 1.46 million patent applications in 2022, less than 800,000 were granted, indicating many were superficial or served limited purposes. Additionally, while China leads in patent applications, most are for domestic use. In 2016, less than a fifth were invention patents (which protect innovative new inventions), with most being shorter-term utility or design patents covering mild alterations and were mainly for use in domestic markets. China still led in PCT (international) patents in 2023, filing roughly 70,000 compared to more than 55,000 from the United States. However, the U.S. filed the most patents abroad (including PCT and direct applications to foreign IP offices with more than 242,000 filings in 2023); with China in third place behind Japan at roughly 120,000 filings. Nonetheless, China is surging ahead in other areas. China filed 38,000 GenAI patients between 2014 and 2023, surpassing all others combined (the U.S. was second at 6,000). WIPO data also shows China accounted for more than half of all blockchain patents until 2017. China's growing political influence in WIPO has become more evident. In 2023, it blocked several mostly European Wikimedia affiliates from becoming official observers at WIPO's Standing Committee on Copyright and Related Rights, likely due to tensions over Taiwan. These growing rivalries are compounded by WIPO's non-binding framework and reliance on voluntary cooperation, limiting its enforcement power. As global powers compete over IP protections, the high costs of filing, maintaining, and enforcing IP rights can be beyond the reach of smaller, less wealthy countries. Issues such as litigation, patent trolling, and overly broad patents can further overwhelm the matter. Vulnerable businesses can miss out on opportunities by not understanding IP rules, while also risking litigation. WIPO's Development Agenda, launched in 2007, has so far had mixed success in strengthening IP frameworks in the developing world. In Liberia, little progress has been made despite decades of WIPO involvement. At the 2024 WIPO Assemblies of member states, African countries renewed calls for greater technology transfers, knowledge sharing, and capacity-building programs. WIPO faces significant obstacles in enforcing IP rights, maneuvering rapid technological advancements, and addressing issues over the access, equity, and politicization of global IP infrastructure. Intensified geopolitical rivalries mean these hurdles are likely to grow. Despite this, WIPO can point to its success in expanding global IP frameworks, dispute resolution, and record-high patent filings. IP theft will remain a constant concern, yet WIPO's adaptability and inclusive approach have helped it maintain its relevance and efficiency in a changing environment. Its role in the future of global IP governance will be determined by its ability to balance protecting innovation while promoting access to knowledge, technology, and essential goods. About the author: John P. Ruehl is an Australian-American journalist living in Washington, D.C., and a world affairs correspondent for the Independent Media Institute. He is a contributor to several foreign affairs publications, and his book, Budget Superpower: How Russia Challenges the West With an Economy Smaller Than Texas', was published in December 2022. Source: This article was produced by Economy for All, a project of the Independent Media Institute.