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RCEP and Trans‐Pacific Intellectual Property Norms: Implications for India
Author(s) -
Sharma Seemantani
Publication year - 2019
Publication title -
the journal of world intellectual property
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.334
H-Index - 8
eISSN - 1747-1796
pISSN - 1422-2213
DOI - 10.1111/jwip.12124
Subject(s) - intellectual property , trips architecture , general partnership , context (archaeology) , treaty , trips agreement , political science , order (exchange) , international trade , law and economics , law , sociology , business , geography , engineering , archaeology , finance , transport engineering
This paper examines the Regional Comprehensive Economic Partnership agreement (RCEP) with a focus on the intellectual property norms which it seeks to develop in the context of India. It specifically analyses the key provisions of the leaked IP chapter and its implications for India's IP regime. The paper posits that India should not oppose the draft IP chapter merely on grounds of its TRIPS‐plus nature in order to adhere to the “minimum standards treaty” principle of the TRIPS Agreement. The conclusion allays the concerns of the civil society which has opposed the draft IP chapter merely on grounds of its TRIPS‐plus nature.