Consultation reverses the US’s focus on individualist policies that are undermining the WTO in the status quo.

Engage in Trade Agreements and Include IP Provisions in Them

Not only has the Biden administration paused new trade agreements, but it has also neglected IP provisions in less-formal trade negotiations. This practice needs to reverse course. The United States and its allies can present a united front against the CCP’s IP theft by harmonizing their IP laws that state-sponsored espionage hides in countries where laws do not deter such theft; unified IP provisions in trade agreements leave thieves with few options. If U.S. policymakers intend for America to retain its global innovation leadership, they should provide innovators and investors with protection mechanisms and market security by including robust IP in trade agreements.

Lead Discussions on IP Protections for Emerging Technologies

Emerging technologies remain at the forefront of most domestic and international policy discussions, and IP policy is no exception. As technology continues to develop and change, best practices for IP protection must evolve and adapt to further enable continued innovation. If U.S. policymakers intend to build a framework supporting American innovation leadership, they should lead all relevant international policy discussions, including on IP.126 By comparison, the U.K. Intellectual Property Office (UKIPO) repeatedly conducts consultations concerning the intersection of IP and emerging technologies, most recently focusing on artificial intelligence (AI).127 However, jurisdictional borders do not limit digital technologies such as AI, artificial reality (AR), and virtual reality (VR), and blockchain technologies such as non-fungible tokens (NFTs). American policymakers should work with like-minded allies to establish IP best practices for AI, AR/VR, NFTs, and other emerging technologies.