RCEP IP Chapter: Another TRIPS-Plus Agreement?
GRUR International: Journal of European and International IP Law (Oxford University Press), Forthcoming
11 Pages Posted: 13 Apr 2021
Date Written: March 17, 2021
On 15 November 2020, fifteen Asian states signed the Regional Comprehensive Economic Partnership (RCEP) that concluded years of negotiations despite uphill geo-political issues. The agreement is likely to create a populous trade area, boosting intra-regional investment and resulting in an important foreign direct investment destination. The significance of the RCEP is more geo-political rather than a classical norm-maker–norm-taker relationship. No doubt, certain countries such as China will use the RCEP to benefit and strengthen their geo-political influence in the region. This does not necessarily make the RCEP a game-changing agreement, nor does it confirm a global geo-political shift. The perception of the ‘RCEP’ as a new global standard is farfetched. It does nonetheless consolidate in a single agreement various intra-ASEAN FTAs and other Asia-Pacific FTAs. In light of this general background, this opinion analyzes the intellectual property (IP) Chapter of the RCEP and its relevance.
Keywords: TRIPS, Intellectual Property, RCEP, ASEAN, FTAs, Copyright, Enforcement, FDI, BITs
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