The EU Approach to IP Protection in Partnership Agreements

35 Pages Posted: 7 Mar 2010

See all articles by Thomas Jaeger

Thomas Jaeger

University of Vienna - Faculty of Law

Date Written: January 15, 2010

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.

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

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: https://ssrn.com/abstract=1534483 or http://dx.doi.org/10.2139/ssrn.1534483

Thomas Jaeger (Contact Author)

University of Vienna - Faculty of Law ( email )

Schottenbastei 10-16
Vienna, A-1010
Austria

HOME PAGE: http://deicl.univie.ac.at/en/

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