Commonality and Affordability of Intellectual Property Rules in Mega FTAs: A CPTPP Perspective

Xiaoqing Cai

Ph.D candidate, Faculty of Law, Universiti Kebangsaan Malaysia (UKM), Bangi, Selangor，Malaysia, 43600 & Lecturer, Faculty of Law, Dongguan City University, Dongguan，Guangdong Province, China, 523000

Nabeel M. Althabhawi

Senior Lecturer, Dr. Faculty of Law, Universiti Kebangsaan Malaysia (UKM), Bangi, Selangor，Malaysia, 43600

Zinatul Ashiqin Zainol

Professor, Dr. Faculty of Law, Universiti Kebangsaan Malaysia (UKM), Bangi, Selangor，Malaysia, 43600

Abstract:

Against the backdrop of increasing fragmentation of international intellectual property (IP) protection rules, mega-Free Trade Agreements (mega-FTAs), represented by RECP, USMCA, CPTPP, etc., have become a new platform for reconstructing uniform rules. The high-standard IP rules in these agreements foreshadow the trend of IP protection standards. This qualitative study reveals the common features of these provisions. It then discusses the acceptance of these IP rules among developed and developing member states, using the CPTPP as an example, and assesses the affordability of the costs of legal reform. The article concludes that IP provisions in mega FTAs share the following common features: a more open concept of IP protection, higher standards of rules, stricter IP enforcement measures, and an emphasis on balancing interests. Developed members can reap significant IP benefits with minimal legal transition costs. On the other hand, developing members are less receptive. They may need to incur more reform costs. At the same time, these high-standard rules have brought some spillover effects to member countries.

Keyword:

Mega-FTAs, CPTPP, TRIPS-Plus, USMCA, RCEP, Intellectual Property Rules, Implication, Member States