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

Abstract

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

Suggested Citation

Vásquez Callo-Müller, María and Upreti, Pratyush Nath, RCEP IP Chapter: Another TRIPS-Plus Agreement? (March 17, 2021). GRUR International: Journal of European and International IP Law (Oxford University Press), Forthcoming, Available at SSRN: https://ssrn.com/abstract=3806361 or http://dx.doi.org/10.2139/ssrn.3806361

María Vásquez Callo-Müller

University of Lucerne ( email )

Frohburgstrasse 3
Lucerne, 6002
Switzerland

Pratyush Nath Upreti (Contact Author)

Queen's University Belfast, School of Law ( email )

25 University Square
Belfast, BT7 1NN
Ireland

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