Capital Movements, Digital Trade and Intellectual Property

Brexit Institute Working Paper Series No 9/2023

Forthcoming in Federico Fabbrini (ed), The Law & Politics of Brexit. Volume V: The Trade & Cooperation Agreement (Oxford University Press 2024).

12 Pages Posted: 11 Jan 2024

See all articles by Mariela de Amstalden

Mariela de Amstalden

University of Exeter; Scottish Centre for IT and IP Law; University of Birmingham - Birmingham Law School; University of St. Gallen

Date Written: December 20, 2023

Abstract

The purpose of this chapter is to analyze key features of the European Union (EU) - United Kingdom (UK) Trade & Cooperation Agreement (TCA) relating to capital movements, digital trade and intellectual property rights (IPRs). It first identifies the relevant legal provisions of the TCA, mapping their structure, to highlight the minimum standard of protection they afford. It then examines the operationalisation of selected applicable provisions, taking into account the social, political and economic realities they are situated in -including limits and opportunities. The analysis shows that regulatory autonomy, coupled with greater deference to rules under the WTO system and its underlying principles of non-discrimination and national treatment are consistently infusing the text of the TCA, suggesting that a rules-based approach to international cooperation continues to be relevant, in spite of growing pressures towards geopolitical and economic fragmentation.

Keywords: capital movements, digital trade, geographical indications, intellectual property rights, Trade & Cooperation Agreement

Suggested Citation

de Amstalden, Mariela, Capital Movements, Digital Trade and Intellectual Property (December 20, 2023). Brexit Institute Working Paper Series No 9/2023, Forthcoming in Federico Fabbrini (ed), The Law & Politics of Brexit. Volume V: The Trade & Cooperation Agreement (Oxford University Press 2024)., Available at SSRN: https://ssrn.com/abstract=4670423 or http://dx.doi.org/10.2139/ssrn.4670423

Mariela De Amstalden (Contact Author)

University of Exeter ( email )

Northcote House
The Queen's Drive
Exeter, Devon EX4 4QJ
United Kingdom

Scottish Centre for IT and IP Law ( email )

Edinburgh
Great Britain

University of Birmingham - Birmingham Law School ( email )

Edgbaston
Birmingham, AL B15 2TT
United Kingdom

University of St. Gallen ( email )

Langgasse 1
St. Gallen, 9008
Switzerland

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