Trips-Plus Norm-Setting By RCEP And Possible Impact On India

Ruchika Yadav, National Law University, Jodhpur


TRIPS lays down the minimum standards for protection with respect to intellectual property. However, post TRIPS, there has been an increasing trend to introduce higher levels of protection via bilateral and regional free trade agreements. Since 2012, India participated in the negotiations of a regional agreement, RCEP, which would, inter alia, set IP standards in Asia as it was slated to be the first such agreement involving mostly Asian economies. Though India withdrew from this Agreement, it has implications for India given RCEP standards will bind countries from its immediate neighbourhood and with whom India has considerable trade tries. This also becomes relevant because of India’s Act-East policy and renewed focus on Asia-Pacific. Hence, the agreement must be analysed to foresee the possible changes in IPR laws in Asia, particularly South East Asia as ASEAN economies are members of RCEP. This paper analyses Chapter 11 of RCEP containing the IP provisions and contrasts it with the position under TRIPS and Indian law wherever required.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.