Principles for Intellectual Property Provisions in Bilateral and Regional Agreements
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Principles for Intellectual Property Provisions in Bilateral and Regional Agreements Henning Grosse Ruse-Khan • Josef Drexl • Reto M. Hilty • Annette Kur • Mor Bakhoum • Thomas Jaeger • Kaya Ko¨klu¨ • Matthias Lamping • Souheir Nadde-Phlix • Jeremy de Beer • Carlos Correa • Graeme Dinwoodie • Susy Frankel • Sean Flynn Holger Hestermeyer • Bryan Mercurio • Pedro Roffe • Xavier Seuba • Peter Yu
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Published online: 20 November 2013 Ó Max Planck Institute for Intellectual Property and Competition Law, Munich 2013
Abstract For several years, research at the Max Planck Institute for Intellectual Property and Competition Law (MPI) - in collaboration with experts from all over the world - has examined the trend of bilateral and regional agreements that include provisions on the protection and enforcement of intellectual property (IP) rights. By building on this research, the following principles –
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express core concerns regarding the use of IP provisions as a bargaining chip in international trade negotiations, the increasing comprehensiveness of international IP rules and the lack of transparency and inclusiveness in the negotiating process; and recommend international rules and procedures that can achieve a better, mutually advantageous and balanced regulation of international IP.
H. Grosse Ruse-Khan (&) Dr.; Lecturer, University of Cambridge and Fellow at King’s College (Cambridge); External Research Fellow Max Planck Institute for Intellectual Property and Competition Law, Munich, Germany e-mail: [email protected] J. Drexl R. M. Hilty Professor Dr.; Director Max Planck Institute for Intellectual Property and Competition Law, Munich, Germany A. Kur Professor Dr.; Senior Research Fellow Max Planck Institute for Intellectual Property and Competition Law, Munich, Germany M. Bakhoum T. Jaeger K. Ko¨klu¨ M. Lamping Dr.; Senior Research Fellow Max Planck Institute for Intellectual Property and Competition Law, Munich, Germany S. Nadde-Phlix Research Fellow Max Planck Institute for Intellectual Property and Competition Law, Munich, Germany
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Principles for Intellectual Property Provisions
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These principles emanate from several consultations within the MPI and especially from a workshop that was held with external experts in October 2012 in Munich, Germany. They represent the views of those first signatories and are open to signature by scholars who share the objectives of the Principles. Keywords Intellectual property provisions Bilateral agreements Regional agreements
1 Observations and Considerations 1.1 IP as a Trade-Off in Bilateral and Regional Agreements 1. Since the early 1990s, the world has witnessed an unprecedented inclusion of IP provisions in trade and other agreements that are outside the traditional domain of international IP law. Those agreements cover a wide range of issues and allow for deals in which IP provisions are agreed in exchange for trade preferences and other advantages. On both sides, these deals are driven by export interests and other objectives external to the
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