Observations On the Intellectual Property Component of the European Commission's New Trade Policy

Résumé


This paper describes and analyse the Intellectual Property Rights (IPR) elements in the recently announced EU new trade policy, which seeks to be more assertive in global trade. The policy's focus on IPR covers pushing for greater global harmonisation, the implementation of stronger standards in bilateral FTAs, and enhanced enforcement efforts in key developing countries. This policy is largely similar to the IPR emphasis in US global and bilateral trade policy, which has had a record of mixed success. Lessons are drawn from that record to illuminate the potential gains and problems that might arise in the new EU trade policy.

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Observations On the Intellectual Property Component of the European Commission's New Trade Policy

1 Introduction

In what it claims will constitute a significant contribution to the competitiveness of member states of the European Union (EU), the European Commission (EC) recently issued a working paper that heralded the introduction of a substantially more aggressive international trade policy (EUROPEAN COMMISSION 2006, Annex p. 567). Much of this new policy would be focused on liberalising or reforming so-called "behind the border" restrictions in other countries on inward investment, services provision, government procurement and competition policy. This seems a natural extension of longstanding priorities in European trade policy, for these items were at the heart of the "Singapore Issues" earlier championed by the EU.

One important component would be an enhanced emphasis on the need to harmonise substantive rules and procedures in key areas of intellectual property rights (IPR) and to strengthen the laws governing IPR in potential partner countries in FTAs. Even more important would be a greater insistence that key trading partners such as China be held to account for enforcing their obligations in this area. As the report noted, in most major deve...

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