Intellectual Property Rights in International Trade Law: Challenging Their Original Justification?

Abstract

To lay out the ground upon which intellectual property issues rest in international trade law, it may be interesting to wonder about the reason why such issues have been integrated in international trade law and in particular to wonder about the justification of regulating upon IPRs in international trade agreements, what is revealing how such rights are understood. And the way they are comprehended is telling us about what is their justification. Then, it is of particular importance to compare their grounds in international trade law to the historical justifications of IPRs in national law.