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

EU Bilateral Trade Agreements and Intellectual Property For Better or Worse?, Josef Drexl, Henning Grosse Ruse-Khan and Souheir Nadde-Phlix. Berlin, Springer, 2014, S. 265-291

Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 12-09

28 Pages Posted: 17 Jul 2012 Last revised: 2 Jan 2015

See all articles by Josef Drexl

Josef Drexl

Max Planck Institute for Innovation and Competition; Ludwig Maximilian University of Munich (LMU)

Date Written: July 7, 2012

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

Suggested Citation

Drexl, Josef, Intellectual Property and Implementation of Recent Bilateral Trade Agreements in the EU (July 7, 2012). EU Bilateral Trade Agreements and Intellectual Property For Better or Worse?, Josef Drexl, Henning Grosse Ruse-Khan and Souheir Nadde-Phlix. Berlin, Springer, 2014, S. 265-291; Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 12-09. Available at SSRN: https://ssrn.com/abstract=2102530 or http://dx.doi.org/10.2139/ssrn.2102530

Josef Drexl (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de

Ludwig Maximilian University of Munich (LMU)

Munich, 80539
Germany

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