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Contributions to collected editions
Intellectual Property and Competition Law

The EU Approach to IP Protection in Partnership Agreements

Jaeger, ThomasThe EU Approach to IP Protection in Partnership Agreements in: Christoph Antons, Reto M. Hilty (eds.), Intellectual Property and Free Trade Agreements in the Asia-Pacific Region (MPI Studies on Intellectual Property and Competition Law, 24), Springer, Heidelberg; Berlin 2015, 171 - 210.

The EU’s third generation approach to international IP protection and enforcement is essentially TRIPS-plus driven, but it is considerably more balanced than, in particular, the EU’s domestic legislative approach. Nonetheless, significant imbalances persist. They arise from issues like enforcement universalism, a lack of sufficient ceilings woven into agreements under the third generation approach and an ensuing over-burdening of developing countries with high standards similar to those of the EU. Thus, overall there is still considerable leeway for fine-tuning and re-balancing the EU’s approach to IP protection and particularly enforcement in FTAs.

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