Assessing the Development Promise of IP Provisions in EU Economic Partnership Agreements

Abstract

The European Union (EU) pursues an active strategy of negotiating economic partnership agreements (EPAs) and free trade agreements (FTAs) with many developing countries and regions. One central objective is to promote sustainable economic development. An important component of this objective is the articulation of regimes covering intellectual property rights (IPRs) in partner countries to support technology transfer and innovation. In this paper I consider how the provisions in two recent agreements—the EU-CARIFORUM EPA with Caribbean countries and the EU-Colombia-Peru FTA—may help achieve these objectives. After a review of the relevant language and evidence I draw the following conclusions. First, although the agreements do not commit the EU to taking affirmative actions to increase technology transfer, their novel provisions on information sharing and scientific networks could help. Second, the agreements generally recognize the importance of policy flexibility in IPRs. One exception is the significant new disciplines required in IPR enforcement, particularly in the CARIFORUM EPA. Third, both agreements pay particular attention to the protection of geographical indications (GIs), an EU priority. The potential for GIs per se to build global markets is doubtful but they could be useful in fostering benefit sharing from the use of traditional knowledge.