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The Regulation of ?Innovation? in International Trade Agreements: Looking Inward, Outward, Backward and Forward

Tomimatsu, Camila Emi

Biblioteca Digital de Teses e Dissertações da USP; Universidade de São Paulo; Faculdade de Direito 2023-08-15

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  • Título:
    The Regulation of ?Innovation? in International Trade Agreements: Looking Inward, Outward, Backward and Forward
  • Autor: Tomimatsu, Camila Emi
  • Orientador: Costa, José Augusto Fontoura
  • Assuntos: Acordos De Comércio Internacional; Regulação; Regional Trade Agreements; International Trade Agreements; International Trade; Inovação; Innovation; Comércio Internacional; Acordos Regionais De Comércio; Regulation
  • Notas: Tese (Doutorado)
  • Descrição: This thesis aims at analyzing if and how innovation has been regulated by international trade agreements, be it multilateral, plurilateral/regional or bilateral ones. To do that, it acknowledges that innovation is a polysemantic term, being interpreted and applied differently depending on the area of knowledge and context. In the first part, the thesis presents in detail the results of an empirical analysis of the legal texts of the multilateral trade agreements notified to the World Trade Organization (WTO) on various issues, and then of the Regional Trade Agreements (RTAs) notified by the WTO members to the WTO RTA Database, selecting the provisions that contained the keyword innovation or its variations for further categorization and content analysis. For comparison purposes, a separate analysis on the keyword technology and its variations was also conducted, through which it was clear that innovation and technology are not being used interchangeably, though they could be related. Some of the trade agreements that are yet to be notified to the WTO were also mapped and assessed, as well as a selection of agreements that do not need to be notified to the said Organization (such as the Digital Economy Partnership Agreement DEPA). As a result, it concluded that innovation is most often used in provisions on cooperation commitments and in the Preamble or Objectives of the agreements, and that innovation is not restricted to intellectual property (IP) discussions. The thesis proceeds to delve into the provisions found in the previous chapter, to assess their degree of legalization (with the indicators obligation, precision and delegation) confirming the general impression that they lean more towards a softer legalization. Then, a reflection on whether there is a right to innovation, to innovate and/or to innovative goods and services was presented, to better understand the rationale adopted by State actors when drafting and negotiating provisions involving innovation concluding that there is no clear-cut right to innovation, though it could be argued that it could be related to (or derived from) an alleged right to development, and/or a right to grow through innovation. Notwithstanding that, such discussions have not directly impact how innovation has been incorporated or not in the trade agreements herein analyzed. Additional reflections were put forward on the intersections between domestic and international regulations on innovation: first, on the possible risks, benefits and opportunities of explicitly regulating innovation in international trade agreements. Then, going through recent domestic legislation, institutions and policies on innovation of Chile, Singapore, the UK that have included provisions on innovation in trade agreements and, for a counterpoint, Brazil, which has a domestic innovation system, but did not come up in the results of the first part. Finally, with a prospective view, it suggests possible improvements in the regulation through trade agreements involving innovation, as well as a reflection on whether there is a need and convenience for a multilateral agreement on innovation. It concludes that it does not seem to be the case so far, as there are neither substantive uniformity on the issue, nor a more holistic approaches on the subject at the international arena. Moreover, it verified that RTAs have been used as regulatory laboratories for a topic innovation that is already intrinsically fragmented by itself. It remained clear that, regardless of all the above mentioned, the existence of domestic institutions, regulation and policies on innovation is vital to support any international effort and commitments regarding innovation issues.
  • DOI: 10.11606/T.2.2023.tde-27022024-125519
  • Editor: Biblioteca Digital de Teses e Dissertações da USP; Universidade de São Paulo; Faculdade de Direito
  • Data de criação/publicação: 2023-08-15
  • Formato: Adobe PDF
  • Idioma: Inglês
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  • Realização: ABCD-USP USP   Logos de Redes Sociais: Freepik

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