ABSTRACT
This paper conducts a critical analysis of deficits in the global intellectual property rights (IPR) regime, with cross-border enforceability and inherent geopolitical coercion being highlighted. Even if the TRIPS Agreement established an international norm, its enforcement requirements surpass the organizational capacity of most developing nations, generating systemic imbalances. Fragmented jurisdictions, prohibitively high litigation costs, and reactive enforcement strategies contribute to the erosion of global IP protection. The discourse takes into account the function of USTR Special 301 Reports as coercive diplomatic instruments, coercing compliance through one-sided pressures instead of the promotion of consent. Through the use of case studies, institutional critique, and enforcement defect analysis, including analysis of faults in terms of infringement with respect to digital platforms, package delivery networks, and transnational organized crime, the study calls for a reformulation, multilateral, capacity-sensitive, prevention-oriented reform agenda. Without systemic adjustment of the above, protection of IPRs will continue to be a privilege reserved for the economically powerful, but not a global right.
Katiyar, Aadyaa and Vyas, Aryan, The Weakness of IPR Law Vis-à-Vis Cross-Border Enforceability Challenges: Structural Injustice, Coercive Diplomacy, and the Urgent Need for Multilateral Reform (June 5, 2025).
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