The Incremental Development of the ASEAN-China Strategic Intellectual Property Partnership

HANDBOOK ON INTELLECTUAL PROPERTY LAW IN SOUTHEAST ASIA, Christoph Antons, ed., Edward Elgar Publishing, 2016

16 Pages Posted: 10 Sep 2015 Last revised: 22 Oct 2016

Peter K. Yu

Texas A&M University School of Law

Date Written: September 8, 2015

Abstract

In November 2000, a few years after the Asian Financial Crisis, Premier Zhu Rongji announced China's interest in developing a free trade area with ASEAN within a decade. Since then, the two trading powers have established a framework agreement as well as agreements on trade in goods, trade in services and investment. They have also developed memoranda of understanding on cooperation in the fields of agriculture, sanitation and phytosanitation, intellectual property, and standards, technical regulations and conformity assessment. Taken together, these instruments help build the ASEAN–China Free Trade Area (ACFTA) to serve important economic, geopolitical and strategic goals.

This chapter focuses on the cooperation between ASEAN and China in the intellectual property arena. It begins by recounting the historical development of ACFTA. It also briefly examines the provisions in the Memorandum of Understanding on Cooperation in the Field of Intellectual Property. The chapter then discusses the ongoing intellectual property norm-setting activities in Asia, focusing in particular on the negotiation of the Trans-Pacific Partnership and the Regional Comprehensive Economic Partnership. It further explores China's potentially changing approach to negotiating free trade agreements. This chapter concludes with a discussion of the benefits and drawbacks of a strategic intellectual property partnership between ASEAN and China.

Suggested Citation

Yu, Peter K., The Incremental Development of the ASEAN-China Strategic Intellectual Property Partnership (September 8, 2015). HANDBOOK ON INTELLECTUAL PROPERTY LAW IN SOUTHEAST ASIA, Christoph Antons, ed., Edward Elgar Publishing, 2016. Available at SSRN: https://ssrn.com/abstract=2657358

Peter K. Yu (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

HOME PAGE: http://www.peteryu.com/

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