When Politics Met Intellectual Property Cooperation in the Pan-American Union

Covarrubia, Patricia (2024) When Politics Met Intellectual Property Cooperation in the Pan-American Union. In: The Silent Peacemaker: Intellectual Property Rights and the Interwar International Legal Order, 1919–1939. Legal History Library. Studies in the History of International Law, 72 . Brill, Leiden and Boston, pp. 149-182. ISBN Hardback: 9789004714656 / eBook: 9789004714663

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Abstract

Pan-Americanism and the shaping of the Latin American countries towards markets friendly to the United States saw the arrival of harmonisation of intellectual property in the American region. The ties between the United States and the Central and South American states materialised in January 1889. Yet, while the aim of the Pan-American Union was based on the “Monroe Doctrine”, it was evident that different conceptions were brought to the table by the delegates. This chapter evaluates the Pan-American Union conferences between the years 1919 to 1939, seeking to critically examine the build-up of the intellectual property system in Latin America. For instance, early propositions to adhere to the Protocol of Madrid ended with the resolution to call for a special conference of representatives, specifically trademark specialists, to consider international problems of inter-American trademarks. In general, the formalities and prerequisites required by domestic laws were debated and replaced, aiming to harmonise the law in the region. While the Pan-American Conferences put forward intellectual property treaties and agreements, the extent to which they were implemented is a different story.

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