Chapter

Preferential Trade Agreements and Intellectual Property Rights

Pedro Roffe and Christoph Spennemann

in Intellectual Property Rights

Published in print May 2014 | ISBN: 9780199660759
Published online August 2014 | e-ISBN: 9780191749186 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780199660759.003.0015

Series: Initiative for Policy Dialogue

Preferential Trade Agreements and Intellectual Property Rights

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This chapter seeks to show the extent of the changes introduced by the intellectual property (IP) chapters of preferential trade agreements (PTAs) to the IP framework existing under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In particular, the chapter highlights how PTAs have shifted the balance between IP holders and users. The authors illustrate this development through the examples of PTAs concluded by developing countries with the United States, the European Community (EC) and the European Free Trade Association (EFTA). Concerns have been expressed about the effect generated through PTAs on developing countries in terms of reduced flexibility in the implementation of TRIPS rules, possible repercussions on developing countries ‘positions in international negotiations, and additional costs caused by far reaching PTA obligations on IP enforcement. The chapter provides an analysis of these concerns in respect of public health, biodiversity, technological protection measures, and IP enforcement.

Keywords: preferential trade agreements; intellectual property rights; intellectual property policy; bilateral and regional trade negotiations; public health; biodiversity; technological protection measures; enforcement

Chapter.  16348 words. 

Subjects: Economic Systems

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