History votes for the WORLD PATENT SYSTEM – US driven global IP approaches have been key to uphold democracy innovation and competitiveness

In addition to its successful, pro-innovation approach to digital policy domestically, the United States collaborated with other nations on multiple initiatives in the 1990s and early 2000s, establishing its position as a global digital policy leader. The United States took an active role in leading negotiations of global agreements on important issues such as IP and cybercrime.

For example, the United States was one of the leading countries to push for an international approach to IP via WIPO treaties, the WCT, and WPPT. This was in part because the United States’ domestic copyright proposals had met resistance in Congress and acting on an international stage produced faster results.35

Likewise, the United States lobbied within the World Trade Organization (WTO) for the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The resulting TRIPS Agreement entered into force in 1995 and was the first multilateral trade agreement to address IP.36 TRIPS requires all WTO members to protect and enforce IP rights in a way that promotes innovation and the dissemination of technology. The agreement includes specific enforcement mechanisms, remedies, and dispute resolution processes countries must use for copyright. TRIPS also includes an enforcement mechanism for holding countries accountable for violations of the agreement via the WTO’s dispute settlement procedures.37 The United States also uses its trade agreements with other nations to advance IP rights through trade.38

Additionally, the United States actively participates in the Council of Europe’s adoption of the Budapest Convention on Cybercrime, the first international treaty that addresses cybercrime. The Budapest Convention provides a common approach for signatories to take regarding cybercrime, including copyright infringement, fraud, child sexual abuse material, hate crimes, and hacking. It also enables signatories to cooperate with one another to investigate and prosecute cybercrime. The treaty was opened for signing in 2001 and went into effect in 2004. To date, 68 countries have signed and ratified the treaty, including the United States.39

Leading on international digital policy efforts enables the United States to spread values of democracy and innovation beyond its borders. It also helps the country maintain its competitive edge in IT. For example, advancing global IP rights allows American companies to compete in international markets where they might otherwise have to compete with counterfeit and pirated goods and services.