Intellectual Property Aspects of the Japan-EU Economic Partnership Agreement

International Trade Law & Regulation 2 (2020)

16 Pages Posted: 26 May 2020

See all articles by Enrico Bonadio

Enrico Bonadio

City University London - The City Law School

Luke McDonagh

LSE Law

Tiffany Sillanpaa

New York University School of Law Law School; City University London, The City Law School, Students

Date Written: February 21, 2020

Abstract

The Japan-EU Economic Partnership Agreement (JEPA) was signed on 1 July 2018 and entered into force on 1 February 2019, with Ch.14 focusing on intellectual property (IP) rights. JEPA should be hailed as a positive contribution to strengthening IP protection in the two blocs, and therefore further promoting trade and reciprocal investments. The IP Ch. of JEPA covers all IP rights, including copyright, trade marks, geographical indications (GIs), designs and unregistered appearance of products, patents, supplementary protection certificates, trade secrets and pharma test data. Given the important role that GI provisions play in JEPA, this article pays particular attention to them. During the negotiations, Japan made concessions to the EU with regard to GIs protection. Indeed the EU has a strong interest here, as its Member States (in particular the Mediterranean and southern countries, namely France, Italy and Spain, and to a lesser extent Portugal and Greece) possess a large number of geographical names in relation to foodstuff, wines and spirits, such as Champagne, Parmigiano and Feta (conversely, the number of Japanese GIs protected in the EU under this agreement is far fewer).

Keywords: Intellectual property law, trade law

Suggested Citation

Bonadio, Enrico and McDonagh, Luke and Sillanpaa, Tiffany, Intellectual Property Aspects of the Japan-EU Economic Partnership Agreement (February 21, 2020). International Trade Law & Regulation 2 (2020) , Available at SSRN: https://ssrn.com/abstract=3607202

Enrico Bonadio

City University London - The City Law School ( email )

London, EC1V OHB
United Kingdom

HOME PAGE: http://www.city.ac.uk/law/

Luke McDonagh (Contact Author)

LSE Law ( email )

United Kingdom

Tiffany Sillanpaa

New York University School of Law Law School ( email )

245 Sullivan Street, Suite 340
New York, NY 10012
United States

City University London, The City Law School, Students ( email )

London, EC1V OHB
United Kingdom

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