Multilateralising TRIPs-Plus Agreements : is the US strategy a failure?

Abstract

This paper examines the current wave of US bilateral agreements with respect to their strategic and
 political value at the plurilateral level. The US government has explicitly recognized its objective of
 leveraging bilateral agreements in order to influence regional and multilateral negotiations. Although it
 may be too early to assess the full effectiveness of this US strategy, the paper argues that there are clear
 signs that the exploitation of bilateral agreements will not independently achieve the goal of strengthening
 plurilateral patent norms. This finding is supported by an assessment of six potential roads from
 bilateralism to plurilateralism: chain reaction, pressure for inclusion, coalition building, emulation, legal
 interpretation, and adherence. The assertion that bilateral trade deals have a great impact on international
 patent lawmaking, made both by proponents and critics of TRIPs-Plus agreements, is unsubstantiated. The
 author concludes that the US Government Accountability Office and Congress are justified in questioning
 whether the negotiation of these bilateral agreements, at least in the realm of IP law, is a wise investment
 of US Trade Representative’s resources.