The Future of Asian Trade Deals and IP

Author: Kung-Chung Liu, Julien Chaisse
Publisher: Hart Publishing
ISBN: 9781509951949

Published In: May 2021
Format: Paperback , 320 pages
Jurisdiction: Asia ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509922772

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The pulling out of the Trans-Pacific Partnership (TPP) by the US marks a new era for trade deals and possibly for intellectual property (IP). The TPP is evolving to become the Comprehensive and Progressive Agreement for TPP (CPTPP) as the remaining 11 members try to resurrect the TPP by suspending some of its provisions, over half of which are IP-related. While the TPP excludes the two Asian giants –India and the People’s Republic of China (PRC)– the ongoing Regional Comprehensive Economic Partnership (RCEP) includes both of them.

The first part of this edited collection sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate, enhancing transparency as a cure to the public’s distrust against trade talks; moreover, it analyses how CPTPP might impact on RCEP’s IP chapter and examines the possible norm setters of Asian IP, and focuses on PRC’s trade and IP strategy against the backdrop of the power games between PRC, India and the US.

The second part of the book reflects on issues related to investor-state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, the judicialisation of ISD in Singapore, and whether compulsory license of IP constitutes expropriation in India, PRC and select ASEAN countries.

The third part of the book questions and strives to improve some of the proposed IP provisions, and to redefine some aspects of international IP norms, such as pre-grant patent opposition & experimental use exception, patent term extension, patent linkage & data exclusivity for the pharmaceutical sector, plant variety protection, pre-established damages for copyright infringement and the restructuring of copyright limitations in the public interest.

1. Introduction: The Intersection between Intellectual Property Rights and Free Trade Agreements
Kung-Chung Liu and Julien Chaisse
PART I: FROM TPP/CPTPP TO RCEP
2. Selecting the Right Representatives to Participate in Trade Negotiations: A New Model of Multi-Stakeholder Involvement for Future Plurilateral Free Trade Agreement Negotiations
Benjamin Tham
3. Trade Strategies and Power Games between China, the US and India
Liyu Han and Jiaxun Sun
4. The Future of China's Trade Pact and Intellectual Property Rights
Han-Wei Liu and Si-Wei Lu
5. The RCEP Negotiations and Asian Intellectual Property Norm Setters
Peter K. Yu
PART II: INVESTOR-STATE ARBITRATION AND INTELLECTUAL PROPERTY
6. Recalibrating the Balance in International Investment Agreements
Tomoko Ishikawa
7. Issuance of Compulsory Patent Licences and Expropriation in Asian BITs and FTA Investment Chapters: A Study of India, China, Malaysia and Thailand
Prabhash Ranjan
PART III: IMPROVING THE IP PROVISIONS OF CPTPP/RCEP AND REDEFINING GLOBAL IP NORMS
8. Will RCEP Redefine Norms Related to Pre-grant Opposition and Experimental Use Exceptions in International Patent Law?
Prashant Reddy Thikkavarapu
9. Patent Term Extension in the Pharmaceutical Sector: An Asian Comparative Perspective
Yaojin Peng
10. Mitigating the Impacts of Patent Linkage on Access to Medicine: Some Asian Experiences and Suggestions
Su-Hua Lee
11. Intellectual Property in Plant Material and Free Trade Agreements in Asia
Christoph Antons
12. Pre-established Damages for Copyright Infringement and Trademark Counterfeiting: Suggestions for CPTPP/RCEP Based on Some Asian Experiences
Kung-Chung Liu and Haoran Zhang
13. Liberalizing Use of the Three-Step Test and Copyright Limitations in the Public Interest
Haochen Sun

“This book is a welcome addition to the rather limited literature that looks at the CPTPP and RCEP from Asian perspectives, and it will be a useful resource for deciphering the interrelation between FTAs and IP, for IP scholars and practitioners alike.” – Tian Lu, The IPKat