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Yu, Peter K. --- "TPP, RCEP, and the crossvergence of Asian intellectual property standards" [2018] ELECD 446; in Peng, Shin-yi; Liu, Han-Wei; Lin, Ching-Fu (eds), "Governing Science and Technology under the International Economic Order" (Edward Elgar Publishing, 2018) 277

Book Title: Governing Science and Technology under the International Economic Order

Editor(s): Peng, Shin-yi; Liu, Han-Wei; Lin, Ching-Fu

Publisher: Edward Elgar Publishing

ISBN: 9781788115551

Section: Chapter 13

Section Title: TPP, RCEP, and the crossvergence of Asian intellectual property standards

Author(s): Yu, Peter K.

Number of pages: 21

Abstract/Description:

This chapter examines the efforts to set intellectual property standards in the Asia-Pacific region through the development of the Trans-Pacific Partnership (TPP), the Regional Comprehensive Economic Partnership (RCEP), and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). It begins by examining the regulatory convergence narrative, focusing on efforts to harmonize Asian intellectual property standards through the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and TRIPS-plus bilateral, regional, and plurilateral agreements. The chapter then turns to the regulatory divergence narrative, discussing the region’s inherent nation-based differences, the development considerations involved in developing Asian intellectual property laws and policies, and the growing rivalry between the TPP/CPTPP and the RCEP. This chapter concludes by suggesting that neither the convergence narrative nor the divergence narrative presents a complete and satisfactory story for a region as large, complex, and diverse as Asia. Instead, the chapter contends that the region is likely to see ‘regulatory crossvergence’—a simultaneous convergence and divergence of regulatory standards. Such crossvergence not only has resulted in the region’s development of compromising standards but has also been highly indicative of the ongoing and future standard-setting efforts in Asia.