The Prospects of TRIPS-Plus Protection in Future Mega-Regionals

Cottier, Thomas; Jost, Dannie; Schupp, Michelle

doi:10.1007/978-3-319-56663-4_8

Cited by 1 publication

(2 citation statements)

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“…Variables were selected on the basis of the TRIPs-plus provisions identified in previous research by Fink and Reichenmiller (2006), El Said 2007, Lindstrom (2009), Morin and Gold (2014), Cottier et al (2017), and Gold et al (2018). We added some variables following an inductive exploration of the PTAs.…”

Section: The T + Pta Datasetmentioning

confidence: 99%

“…Existing datasets lack the scope and depth to explore these questions. Several studies on TRIPs-plus provisions are limited to agreements involving the United States (US) (Fink and Reichenmiller, 2006; Krikorian, and Szymkowiak, 2007; Osgood and Feng, 2018; Morin and Gold, 2014), the European Union (EU) (El Said, 2007; Drexl, 2014; Moerland, 2017), or a combination of both (Pugatch, 2007; Lindstrom, 2009; Cottier et al ., 2017). This limited coverage is problematic given that a number of TRIPs-plus agreements do not include the US or the EU.…”

Section: Introductionmentioning

confidence: 99%

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Mapping the New Frontier of International IP Law: Introducing a TRIPs-plus Dataset

Morin

Surbeck

2019

World Trade Review

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This article introduces a new dataset on the intellectual property (IP) provisions included in preferential trade agreements (PTAs) and makes it available for research and policy communities alike. Several PTAs include IP commitments that go well beyond the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). A sound knowledge of these TRIPs-plus commitments is essential in order to improve our understanding of what drives them and of their legal, social, and economic consequences. Yet, until now, these provisions have not been mapped in a comprehensive and systematic way. The T + PTA dataset fills this gap by documenting the existence of 90 types of IP provisions in 126 agreements signed between 1991 and 2016. We show that, even for like-minded countries, significant variations exist in their reliance on TRIPs-plus provisions, their degree of consistency across PTAs, and their preferences for some IP rights. We also find that strong TRIPs-Plus provisions are correlated with the depth of PTAs, the asymmetry between trade partners, and the strength of their domestic IP law. By making the T + PTA dataset available, we hope to create the opportunity for a new generation of research on TRIPs-plus agreements.

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Section: The T + Pta Datasetmentioning

confidence: 99%