Intellectual Property and Implementation of Recent Bilateral Trade Agreements in the EU

Abstract

The European Union has concluded – and still is in the process of negotiating – a number of bilateral trade agreements with extensive provisions on intellectual property rights that partially go beyond what is required by the WTO/TRIPS Agreement (so-called ‘TRIPS-plus standards’). These agreements include the Economic Partnership Agreement with the CARIFORUM States, the Free Trade Agreement with South Korea, the Association Agreement with Central America and the Trade Agreement with Columbia and Peru. There is a general assumption that these agreements only oblige the other contracting parties to change their IP laws, whilst there is no need for the EU to take any implementation measures. This article questions this later assumption by analysing, in particular, the rules of these agreements on criminal sanctions, genetic resources, transfer of technology and competition law and the general principles on the enhancement of sustainable development.

Keywords: Bilateral trade agreements, intellectual property, European Union, criminal sanctions, genetic resources, transfer of technology