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.
Building on this research, we have drafted a set of PRINCIPLES FOR INTELLECTUAL PROPERTY PROVISIONS IN BILATERAL AND REGIONAL AGREEMENTS.
These Principles express our core concerns regarding:
- the use of IP provisions as a bargaining chip in international trade negotiations;
- the increasing comprehensiveness and complexity of international IP rules in bilateral and regional agreements;
- the lack of transparency and inclusiveness in the negotiating process; and
- the resulting imbalances that are often reflected in the respective IP provisions negotiated on the bilateral or regional level.
The Principles recommend international rules and procedures that can achieve a better, mutually advantageous and balanced regulation of international IP.
Dr. Henning Grosse Ruse-Khan is a Senior Research Fellow at the Max Planck Institute for Intellectual Property and Competition Law and a Research Fellow for the Centre for International Sustainable Development Law at McGill University. A copy of the Principles is available here.