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

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

Two New Hampshire IP boutiques will soon merge to form Secant IP, seeking to scale patent strength while keeping a lean cost model
While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
IP firm leaders share why they remain positive in the face of falling patent applications from US filers, and how they are meeting a rising demand from China
The power of DEI to swing IP pitches is welcome, but why does it have to be left so late?
Mathew Lucas has joined Pearce IP after spending more than 25 years at Qantm IP-owned firm Davies Collison Cave
Exclusive survey data reveals a generally lax in-house attitude towards DEI, but pitches have been known to turn on a final diversity question
Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
Gift this article