WTO meeting in Bali shows how IP has turned bilateral

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

WTO meeting in Bali shows how IP has turned bilateral

Hundreds of trade negotiators have been flying into Bali for the start of the WTO’s 9th ministerial conference. What difference does it make for IP?

bali-180a.jpg

It is a long time since Seattle. By day one of the conference the US city hosted in 1999, demonstrations by anti-globalisation protestors made news programmes around the world and led the mayor to declare a civil emergency. That is unlikely to happen in Bali. The WTO, once at the forefront of globalisation, is increasingly being sidelined by governments seeking like-minded partners for bilateral and multilateral deals. Civil society has followed the action.

Roberto Azevêdo, the Brazilian head of the trade body, acknowledges the problems of forum shifting for his organisation. "It's no secret that governments have been exploring other channels for liberalising trade," he told journalists preparing to cover the Bali talks. "These are positive initiatives, but they offer no substitute for global agreements and global rules. Regional or plurilateral agreements by definition are exclusive and the countries most often excluded from these pacts are the poorest and weakest."

As it happens, there's not much on the table in Bali to pique the interests of IP lawyers. Intellectual property is off the agenda, with the exception of the formality of renewing the 13-year moratorium on the use of the non-violation clause in the TRIPs Agreement (a clause that, if exercised, would allow member states to complain that the actions of other governments have deprived them of an expected benefit – even if they cannot show that the member has broken a TRIPs commitment).

That's because negotiators have enough trouble persuading each other to cut agricultural subsidies and to slash trade-hindering red tape at their borders. In response, some of the biggest WTO member states have taken their IP demands to other fora: the Tegernsee Group for patent law harmonisation, for example, and in free trade deals such as the TTIP and TPA. But as we wrote in our cover story in September, multilateral deals have problems of their own for IP owners. Just ask the negotiators of the ill-fated ACTA.

As we wrote then: "At the moment, there is a legitimate question about whether countries are progressively rewriting international law without the checks and balances of the multilateral system: not just on compulsory licences, patent term extension, and data exclusivity, but also on registration of trade marks, copyright standards and copyright term. That might be good for IP owners in the short-term, but it may not provide the level of buy-in that successful norm-setting needs for the long term."

more from across site and SHARED ros bottom lb

More from across our site

IP boutique Petillion represented IKEA in the dispute, which concerned the use of the multinational’s trademarks in an immigration-focused campaign. The firm tells Managing IP how it secured the outcome
The Pizzeys-Griffith Hack integration was designed to create a stronger Australian IP platform but with several ex-Pizzeys principals now gone, the deal's success may depend on where clients place their trust
Thomas Lonsdale and Hsu Min Chung of HGF explore the practical impact of the EPO’s Enlarged Board of Appeal’s decision in G1/25 and its interplay with G1/24
The firm’s recent IP hire and launch of a new robotics industry group signal an effort to capture work emerging from AI entering the physical world
Another firm sets up shop in Dallas, bringing its patent disputes capabilities to one of the US’s busiest litigation venues
Entrepreneurial IP lawyers are still launching specialist firms, but increasingly with larger teams, broader coverage and greater infrastructure than the boutique model once implied
Jevon Louis explains how Covid led to a focus on local clients, discusses why mediation is successful in Singapore and reflects on the growing demand for AI advice
An increase in instructions from domestic companies and litigation for international clients are driving success for the Chinese IP firm, according to two lead partners
Ankur Sangal said he wants his team, nearly 30-strong already, to respond to a growing demand for specialist, commercially focused IP advice in a ‘rapidly evolving’ Indian market
As AI adoption accelerates across corporate IP departments, Simon Webster, president of IP at Clarivate, argues that success will depend less on technology alone and more on data quality, workflow design, and organisational readiness
Gift this article