Legal protection for artists has been in the global market for decades, but the issues of protection of ancient designs, and symbols and traditional knowledge utilized in artisan crafts have not been well established in the United States [and elsewhere]. Southwestern Indian-type basketry has been copied in Pakistan, and Romania has begun manufacturing and selling knockoffs of Taiwanese knockoffs of Indian jewelry. In almost every case, prices of such item are less than what would be charged for authentic material.<sup>34</sup> Further, many countries too often focus on trade in extractives and physical goods like agro-based commodities such as coffee or cocoa — and now and again, even at the expense of education. Therefore, it is difficult to craft policies that promote creative work, an area where the assumption is that the ‘return on the investment’ is unclear, or worse, nil.

_Global Trade Policy: The WTO’s GATS Treaty_ While cultural trade comes in both goods and services, a number of creative imports and exports are realized under the latter. Consider, movie downloads, live music performances, or architectural renditions. In world trade policy, however, creative services are almost a drop in the bucket. They are lumped in a broad category, ranging from dental to legal work and from Internet access to museum visits. So, how are services defined? “International trade in services, according the WTO, “is any service or labour activity across national borders to provide satisfaction to the needs of the recipient or consumer other than the satisfaction provided by physical goods (although they might be incorporated in physical goods), or to furnish an input for a producer of goods and/or services other than physical inputs (although the former might be incorporated in the latter).”<sup>35</sup> Defining them, as Simon Lester and others conclude, emphasizes their non-physical nature.<sup>36</sup> And indeed, “services have been described more colloquially as ‘everything you cannot drop on your foot.’”<sup>37</sup> Though intangible, the presence of services in world trade has gained attention in recent years.

They “currently represent more than two-thirds of World Gross Domestic Product (GDP) (71 per cent in high-income countries against 55 per cent and 47 per cent respectively in middle- and low-income countries).”<sup>38</sup> Due to their intangible nature, however, “services can be more difficult to trade internationally”— in our context, the difficulties in tracing their trade patterns, piracy, and even visa challenges for artists are well-known. Still, services “represent the fastest growing sector of the global economy and account for two thirds of global output [as just noted], one third of global employment and nearly 20 percent of global trade.”<sup>39</sup>

> 34 P. Vaijayanthi and Reena Roy, “Protecting Traditional Knowledge — Will Sui Generis Suffice?” in _WTO, India and Emerging Areas of Trade: Challenges and Strategies, ed._ P. Rameshan (New Delhi: Excel Books, 2008), 264-65.

> 35 WTO, _Draft Glossary of Terms,_ MTN.GNS/W/43 (Geneva: WTO, July 8 1988), accessed April 15, 2015, <u>https://www.wto.org/gatt_docs/English/SULPDF/92050117.pdf.</u>

> 36 Simon Lester et al., _World Trade Law,_ 597-601.

> 37 Ibid. 38 Ibid.

> 39 WTO, “Services: Rules for Growth and Investment,” accessed April 15, 2015, <u>https://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm6_e.htm; this observation is also made here:</u>

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