Human Rights, Development, and the WTO: The Cases of Intellectual Property and Competition Policy

The World Trade Organization (WTO) has sometimes been portrayedas being at odds with the protection of human rights. This articletakes issue with this perception, both generally and with specificreference to WTO agreements/activities in the areas of intellectualproperty (IP) and competition policy. The rules and proceduresof the WTO are directly supportive of civil rights in the senseof freedom to participate in markets and freedom from arbitrarygovernmental procedures. In addition, the system contributesto development and to the realization of broader economic, social,and cultural rights, by stimulating economic growth and therebyhelping to generate the resources that are needed for the fulfilmentof such rights. The article examines various human rights andpublic interest rationales for the protection of intellectualproperty rights (IPRs). The recent amendment to the Agreementon Trade-Related Aspects of Intellectual Property Rights (TRIPS)to facilitate access to medicines in the event of public healthemergencies is outlined. With respect to competition policy,such policy constitutes an important aspect of governance insuccessful market-based economies. There is a clear need forcooperative approaches to the implementation of national competitionpolicies. The appropriate scope and venue for such cooperationare a matter for further deliberation.