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The EU Approach to IP Protection in Partnership Agreements


Thomas Jaeger


Max Planck Institute for Intellectual Property and Competition Law

January 15, 2010

Max Planck Institute for Intellectual Property, Competition & Tax Law Research Paper No. 10-01

Abstract:     
The EU’s third generation approach to international IP protection and enforcement is essentially TRIPS-plus driven, but it is considerably more balanced than, in particular, the EU’s domestic legislative approach. Nonetheless, significant imbalances persist. They arise from issues like enforcement universalism, a lack of sufficient ceilings woven into agreements under the third generation approach and an ensuing over-burdening of developing countries with high standards similar to those of the EU. Overall thus, there is still considerable leeway for fine-tuning and re-balancing the EU’s approach to IP protection and particularly enforcement in FTAs.

Number of Pages in PDF File: 35

Keywords: IP protection, EU, international enforcement, third-country enforcement, strategy, EPAs, economic partnership agreements

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Date posted: March 7, 2010  

Suggested Citation

Jaeger, Thomas, The EU Approach to IP Protection in Partnership Agreements (January 15, 2010). Max Planck Institute for Intellectual Property, Competition & Tax Law Research Paper No. 10-01. Available at SSRN: http://ssrn.com/abstract=1534483 or http://dx.doi.org/10.2139/ssrn.1534483

Contact Information

Thomas Jaeger (Contact Author)
Max Planck Institute for Intellectual Property and Competition Law ( email )
Marstallplatz 1
Munich, 80539
Germany
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