Applying Best Practice Principles to International Intellectual Property Lawmaking

Abstract

This article applies the Max Planck Principles on Intellectual Property Provisions in Bilateral and Regional Agreements to several recently established or still-being-negotiated international lawmaking instruments. It identifies recent, fundamental changes and overarching patterns in the evolution in the procedures, institutions, and substantive outcomes of international intellectual property law-making. Specific analysis is provided of the Principles’ potential application to the Anti-Counterfeiting Trade Agreement (ACTA), the Trans-Pacific Partnership Agreement (TPP), the Comprehensive Economic and Trade Agreement (CETA), the Pan-African Intellectual Property Organization (PAIPO), and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled (VIP Treaty). The article concludes that the Principles and other best practice guidelines for international intellectual property lawmaking can be usefully applied beyond orthodox bilateral and regional trade agreements. By adhering to the Principles, international lawmakers can help make the global knowledge governance system more transparent, participatory, legitimate, and effective.

Keywords: Intellectual Property, International Trade, Max Planck Institute, ACTA, TPP, CETA, PAIPO, VIP Treaty

JEL Classification: O34, F40