Harmony and Disharmony in International Intellectual Property Law

Colleen Chien

Chapter 9 in Megaregionalism 2.0:Trade and Innovation within Global Networks, 2018, pp 157-178 from World Scientific Publishing Co. Pte. Ltd.

Abstract: Global trade agreements aim to harmonize standards and create a uniform climate for trade and investment. As potential provisions are negotiated, governments and stakeholders must consider the long-term impacts of particular terms. As they do so, they should keep in mind that harmonized treaty standards often translate into significantly disharmonious country standards, due to the different ways in which countries comply with treaties, translate these treaties into laws, and administer the laws. This chapter provides a case study of the harmony and disharmony in substantive patent law that followed ratification of the TRIPS agreement. Using the (perhaps) moribund Trans-Pacific Partnership (TPP) agreement as a point of comparison to TRIPS, the author discusses and provides examples of three types of differences: (1) differences between the minimum standards that are negotiated and compliance with them; (2) differences between the substantive principles agreed to and the actual laws that implement them (and the procedural contexts in which they operate); and (3) differences between the laws on the books and the laws as administered.

Keywords: Globalization; Megaregionalism; Trade; Innovation; Trade Gains; Negative Impacts; Trade Rules; Intellectual Property; Standards; Asia; China; TPP; RCEP (search for similar items in EconPapers)
JEL-codes: F10 (search for similar items in EconPapers)
Date: 2018
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