1

Bilateral IP Agreements

Jean-Frédéric MorinPhD Candidate at the Université de MontpellierResearcher at Unisféra International Centre and

Institut du développement durable et relations internationales

October 2003

2

« America will not wait forthe won't-do countries »

- Robert ZOELLICK, September 22, 2003

3

1. Background

2. Agreements

3. Parties to the Agreements

4. Negotiation Strategies

5. Provisions

Concluding Remarks

4

1. The International Environment of IP Agreements

TRIPS seem inappropriate to US and European industries

WTO seems inappropriate to US and European governments

5

2. A Variety of Agreements

IP Agreements Trade Agreements Investment Agreements

6

3. North/South Dialogue Technology Exporters

European Free Trade Association(more than 15)

European Union (more than 25)

Mexico (around 30)

Switzerland (5)

United States (more than 40)

….

Technology ImportersAlbania, Algeria, Armenia,

Azerbaijan, Bahamas, Belarus, Bangladesh,Bulgaria,Cambodia, China, Chile, Croatia, Equator,

Georgia, Hungry, Jamaica, Jordan, Kazakhstan, Kyrgyzstan,

Korea, Laos, Latvia, Lebanon, Lithuania, Morocco, Macedonia,

Mexico, Moldavia, Mongolia, Nicaragua, Paraguay, Peru,

Philippines, Poland, Romania, Russia, Singapore, South Africa,

Sri Lanka, Taiwan, Tajikistan, Thailand, Uzbekistan,Vietnam….

7

4. Coercive Strategies

Carrot• BIT• Special and preferential

treatment• Science & technology

agreements• Technical assistance• Most Favored Nation status

Stick

• Super 301

8

5.TRIPS-Plus Provisions

TRIPS Bilateral Agreements

General rovisions

Members may, but shall not be obliged to, implement in their law more extensive protection(1)

The Parties shall grant protection of intellectual property rights in accordance with the highest international standards (EU-Maroc asso, (39))

CopyrightsThe term of protection shall be no less than 50 years (12)

The term of protection shall be no less than 75 years (IPR US-Cambodia, (13))

TrademarksInitial registration shall be for a term of no less than 7 years. (18)

Initial registration shall be for a term of no less than 10 years (TA US-Vietnam (chap 2,(6)))

Industrial

Designs

The duration of protection available shall amount to at least 10 years. (26)

The duration of protection available shall amount to at least 15 years (EFTA-Morocco FTA, annex 5)

Signalstransmitted by satellite

Shall ratify the Convention related to signals transmitted by satellite (FTA US-Singapore, (16.1))

9

TRIPS Bilateral Agreements

Patents

Members may exclude plants and animals from patentability (27)

Must undertake efforts to develop legislation that makes available patent protection for plants (FTA US-Chile, 17.9)

Term of protection no less than 20 years(33)

Additional protection of up to 5 years for pharmaceutical and plant products (FTA EFTA-Macedonia, annex V (3))

Each member has the freedom to determine the grounds upon which licences are granted (Doha declaration)

Compulsory licenses only to remedy an adjudicated violation of competition laws, to address a declared national emergency, and to enable compliance with national air pollutant standards, (TA US-Romania annex I)

Breeders' rights

Members shall provide for the protection of plant varieties by an effective sui generis system (27)

Must join UPOV 1991 (Association EU-Tunisia annex7 (1))

Layout-designs

The law of a Member could allows the use of the subject matter without authorization (37)

Neither Party may permit the compulsory licensing of layout designs of integrated circuits. (US-Vietnam TA, (chap 2, (8))

10

Concluding Remarks

1) Geographical and legal extension of international IP regime

2) Links between bilateral, regional and multilateral negotiations

3) From a hegemonic regime to a cooperative regime