Ruchika Yadav, National Law University, Jodhpur
ABSTRACT
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.
