The Problem of Intellectual Property in Economic Partnership Agreements with the African, Caribbean and Pacific Countries (Shabalala) (May 2007)

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The inclusion of TRIPS-plus intellectual property (IP) provisions in bilateral agreements between the European Union and developing countries has become an issue of increasing concern. Ending an informal moratorium, the EU began in late 2006 to increase its activity in negotiating bilateral trade agreements. The European Commission has explicitly included a TRIPS-Plus mandate in its trade goals, stating that, “[t]he EU should seek to strengthen IPR [Intellectual Property Right] provisions in future bilateral agreements …. ” The most significant set of negotiations that the EU is currently conducting are for Economic Partnership Agreements (EPAs) with the 76 member African, Caribbean and Pacific (ACP) group of countries. These agreements will significantly change the traditional non-reciprocal trade preference relationship that existed between the EU and ACP group of countries.

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