WTO and the Legal Challenge of Patent Protection in the Anti-globalization Environment: A Case Study of the Patent Protection Dispute between the United States and India in Pharmaceuticals and Agrochemicals

The globalized framework of patent protection, under the World Trade Organization (WTO) and its Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, is increasingly challenged by anti-globalization trends. This paper analyzes the patent protection dispute between the United States and India, particularly in the pharmaceutical and agrochemical sectors, to explore the legal challenges WTO faces in an era of deglobalization. It discusses the tension between intellectual property protection and public welfare, highlighting the impact of compulsory licensing and the limitations of the WTO’s dispute resolution mechanisms. Furthermore, the paper addresses the growing conflict between the global application of patent laws and the sovereignty of developing countries, emphasizing the need for flexible reforms in the TRIPS agreement to accommodate national developmental goals. The study suggests that balancing intellectual property rights with public health, as well as expanding the legal and operational flexibility within the WTO framework, are essential for achieving fairer global patent protection amidst rising nationalism and protectionism.