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16 - The EU and Its IP Policies

ACTA and Third Countries

Published online by Cambridge University Press:  05 December 2014

Anselm Kamperman Sanders
Affiliation:
Maastricht University
Pedro Roffe
Affiliation:
International Centre for Trade and Sustainable Development
Xavier Seuba
Affiliation:
Université de Strasbourg
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Summary

Introduction

Europe’s trade relations with Asia are increasingly advanced through so-called Broad-based Trade and Investment Agreements (BTIAs). After the conclusion of its free trade agreement (FTA) with South Korea, the EU is actively negotiating with India, and talks with Singapore are well under way. Further talks with Japan and a number of other Asian partners are expected.

In terms of innovation policy and technology transfer, intellectual property rights and their protection feature strongly in the BTIA template that the EU has been fine-tuning since it concluded FTAs with the Caribbean Community (CARICOM), as well as Colombia and Peru and, more recently, South Korea. The EU was also to become a party to the Anti-Counterfeiting Trade Agreement (ACTA), but since the European Parliament’s rejection of the treaty on 4 July 2012, it is clear that less ambitious bilateral arrangements are the way forward.

The ongoing negotiations on the EU-India FTA show that, despite ACTA being off the table, intellectual property remains a contentious issue. In addition, new bilateral deals are currently being brokered or have been announced. EU-Singapore and EU-Malaysia talks have been under way since 2010, EU-Vietnam talks since June 2012 and EU-Japan FTA trade negotiations were announced on 29 November 2012. Many other Asian nations are currently involved in negotiations on the Transpacific Partnership Agreement (TPP) with the United States, which demands US-style protection of intellectual property rights from its trading partners.

Type
Chapter
Information
The ACTA and the Plurilateral Enforcement Agenda
Genesis and Aftermath
, pp. 259 - 270
Publisher: Cambridge University Press
Print publication year: 2014

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References

Maskus, K. (1998) ‘The Role of Intellectual Property Rights in Encouraging Foreign Direct Investment and Technology Transfer’, Duke Journal of Comparative and International Law, 9(1), 109–161.Google Scholar
Maskus, K. (2005) ‘The Role of Intellectual Property Rights in Encouraging Foreign Direct Investment and Technology Transfer’, in Fink, C. and Maskus, K. (eds.) Intellectual Property and Development – Lessons from Recent Economic Research (New York: World Bank/Oxford University Press), 54.
Schiappacasse, M. (2004) ‘Intellectual Property Rights in China: Technology Transfers and Economic Development’, Buffalo Intellectual Property Law Journal 2, 164.Google Scholar
Chow, D. (2006) ‘Why China Does Not Take Commercial Piracy Seriously’, Ohio Northern University Law Review 32, 2003.Google Scholar
Yu, P. (2006) ‘From Pirates to Partners (Episode II): Protecting Intellectual Property in Post-WTO China’, American University Law Review 55, 901.Google Scholar
Conconi, P. and Pauwelyn, J. (2011) ‘Trading Cultures: Appellate Body Report on China – Audiovisuals’, World Trade Review 10(1), 95.Google Scholar
Creemers, R. (2012) Explaining Audiovisual Media Piracy in China (Maastricht University PhD 02-02-2012)
Mertha, A. (2005) The Politics of Piracy: Intellectual Property in Contemporary China (Ithaca, NY: Cornell University Press)
Massey, J. (2006) ‘The Emperor Is Far Away: China’s Enforcement of Intellectual Property Rights Protection, 1986–2006’, Chicago Journal of International Law 7, 231Google Scholar
Jingzhou, T. (2007) ‘Problems and New Developments in the Enforcement of Intellectual Property Rights in China’, in Torremans, P., Shan, H. and Erauw, J. (eds.) Intellectual Property and TRIPS Compliance in China: Chinese and European Perspectives (London: Edward Elgar), 107.
Kaminski, M. (2009) ‘Recent Development: The Origins and Potential Impact of the Anti-Counterfeiting Trade Agreement (ACTA)’, Yale Journal of International Law 34, 247.Google Scholar
INTA study for the European Parliament DG EXPO Policy Department (2011) The Anti-Counterfeiting Trade Agreement (ACTA): An Assessment (Brussels: European Parliament)
Flynn, S. (2011) ‘ACTA’s Constitutional Problem: The Treaty That Is Not a Treaty (Or An Executive Agreement),’ PIJIP Research Paper no. 19, American University Washington College of Law, Washington, DC
Weatherall, K. (2010) ‘ACTA as a New Kind of International IP Law-Making’, 9 January, PIJIP Research Paper no. 12, American University Washington College of Law, Washington, DC.

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