Harmonisation of Intellectual Property Rules: A Path Towards Global Integration?

A special issue of Laws (ISSN 2075-471X).

Deadline for manuscript submissions: closed (15 January 2026) | Viewed by 2022

Special Issue Editor


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Guest Editor
1. School of Law and Society, Bournemouth University, Poole BH12 5BB, UK
2. Postgraduate Law Programme, University of Marília, Marília 17525-902, Brazil
Interests: intellectual property law, policy & harmonisation; intellectual property; sustainable development; regional integration; FDI

Special Issue Information

Dear Colleagues,

Intellectual property (IP) plays an ever-increasing role in shaping global economic landscapes, requiring increasing efforts to harmonise intellectual property rules across different jurisdictions. Indeed, with growing globalisation comes the battle businesses and innovators have continuously faced: the inconsistency in IP regulations, which more often acts to hinder cross-border trade, innovation, and investment.

Harmonisation offers a way through in making IP laws predictable and more transparent and providing certainty in their legal environment to creators, businesses, and investors alike.

This Special Issue maps the process of harmonisation of IP, its supposed benefits, and its regional and global challenges. While on the one hand harmonisation seems to be a way of ironing out the legal annoyances and promoting international cooperation, on the other hand, it raises serious questions regarding the implication of such changes for the local innovation ecosystem, knowledge access, and proper weighting between IP protection and the public interest.

We invite papers that assess the effectiveness of IP harmonisation efforts, both those driven by international treaties such as the TRIPS Agreement and regional initiatives within economic blocs like the European Union and the African Regional Intellectual Property Organization.

We seek papers that would answer some of the following fundamental questions: How does IP harmonisation impact innovation, competition, and access to technology across different sectors? What are the implications for countries at different stages of development? How do domestic and regional IP strategies complement - or contradict - global harmonisation?

The questions go beyond the limits of any specific theory. It speaks to the fundamental practical insight into the design of IP policies that balance out the often-competing interests of stakeholders, including governments, multinational corporations, SMEs, and local innovators. By offering an interdisciplinary analysis, this Special Issue adds to ongoing debates on the future direction of IP law in a growing interconnected world.

Prof. Dr. Suelen Carls
Guest Editor

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Keywords

  • intellectual property (IP) harmonisation
  • globalisation
  • cross-border trade
  • innovation
  • investment
  • legal frameworks
  • TRIPS agreement
  • regional IP strategies
  • technology access
  • development
  • competition
  • public interest
  • economic blocs
  • policy design
  • international collaboration

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Published Papers (2 papers)

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Research

11 pages, 227 KB  
Article
More than One-Dimensionality: Brief Remarks on Pensée Complexe, Harmonization and Intangible Cultural Heritage
by Alejandro Knaesel Arrabal and Otávio Henrique Baumgarten Arrabal
Laws 2026, 15(3), 36; https://doi.org/10.3390/laws15030036 - 29 Apr 2026
Viewed by 258
Abstract
This research considers, by a conceptual and philosophical–legal perspective, the tensions between the interest of harmonization of intellectual property and the protection of Intangible Cultural Heritage. Starting from the fact that the harmonization of IP has been promoted as a strategy of global [...] Read more.
This research considers, by a conceptual and philosophical–legal perspective, the tensions between the interest of harmonization of intellectual property and the protection of Intangible Cultural Heritage. Starting from the fact that the harmonization of IP has been promoted as a strategy of global legal integration, normative predictability, and legal certainty for transnational economic agents, this study underpins the challenges that cross this intention. ICH is also observed as a legal category grounded on collective, dynamic, and culturally situated logics. The article briefly remarks a critical reading regarding possible conceptual incompatibilities between these regimes, showing through pensée complexe that such tensions stem from deeper divergences, associated with the predominance of a unidimensional and reductive view of the relationship between IP and ICH. Full article
15 pages, 258 KB  
Article
Harmonising Trade Secret Protection in AI: Innovation, Opacity and Digital Vulnerability
by Cristiani Fontanela, Thaís Alves Costa and Andréa de Almeida Leite Marocco
Laws 2026, 15(2), 34; https://doi.org/10.3390/laws15020034 - 20 Apr 2026
Viewed by 549
Abstract
This study examines how the international harmonisation of intellectual property rules, particularly trade secret protection, reshapes the governance of artificial intelligence (AI) in ways that both enable and threaten justice. We argue that convergent standards on undisclosed information are essential for legal certainty [...] Read more.
This study examines how the international harmonisation of intellectual property rules, particularly trade secret protection, reshapes the governance of artificial intelligence (AI) in ways that both enable and threaten justice. We argue that convergent standards on undisclosed information are essential for legal certainty in knowledge-intensive AI investments. Such standards are anchored in TRIPS, reinforced by WIPO guidance and digital trade agreements, and complemented by regional instruments such as the EU Trade Secrets Directive. This emerging framework facilitates cross-border technological cooperation while helping prevent the “regulatory expropriation” of code, models, and data infrastructures. At the same time, when this pro-secrecy architecture is extended to opaque algorithmic systems that mediate access to credit, employment, welfare, health and justice, it can entrench digital vulnerability: information asymmetries between firms, states and citizens; barriers to meaningful transparency and audit; and pathogenic forms of exclusion that disproportionately affect already disadvantaged groups. Building on the concept of digital and structural vulnerability, the paper defends a vulnerability-sensitive approach to harmonisation in which trade secret protection is balanced against human rights, algorithmic accountability and the regulatory space of Global South states. We conclude that only an intellectual property regime guided by an ethics and politics of vulnerability can reconcile economic integration, technological development and reducing digital vulnerability in deeply unequal societies. Full article
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