The TRIPS Agreement in the Face of IP Judicial Fragmentation

This working paper examines the global rise of antitrust litigation over IP-related ASIs, a tool with extraterritorial impact that limits patent enforcement on standard essential technologies. As parties race for favorable venues and block infringement actions, this trend risks worsening trade fragmentation, exemplified by the ongoing EU-China WTO dispute. The paper suggests the TRIPS Agreement as a solution to counter antitrust protectionism and prevent abuse of enforcement practices

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