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

INTELLECTUAL PROPERTY LAW IN SOUTHEAST ASIA, Christoph Antons and Michael Blakeney, eds., Edward Elgar Publishing, 2020

Texas A&M University School of Law Legal Studies Research Paper No. 19-20

16 Pages Posted: 10 Sep 2015 Last revised: 12 Jun 2019

See all articles by Peter K. Yu

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 and the development of the Belt and Road Initiative. It 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). INTELLECTUAL PROPERTY LAW IN SOUTHEAST ASIA, Christoph Antons and Michael Blakeney, eds., Edward Elgar Publishing, 2020; Texas A&M University School of Law Legal Studies Research Paper No. 19-20. 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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