The Regional Comprehensive Economic Partnership
(RCEP), is a proposed free trade agreement (FTA) between ASEAN countries and six
Asia-Pacific countries. Indonesia is the ASEAN coordinator for RCEP and has led
recent negotiations for RCEP. It is hoped to complete the deal this year. RECP
is expected to contain a detailed IP chapter, incorporating a TRIPS+ model,
that is IP provisions designed to go beyond TRIPS.
However concern has been expressed whether Indonesia
is adequately prepared to do this. As it is there are current concerns about
how robust Indonesia’s implementation of TRIPS is. The USTR Special 301 report and Europe’ IP
report on Third Countries both cite concerns about weak existing IP protection.
Some of the areas where compatibility with RECP is not yet close include:
- Non
traditional trademarks,
- E-filing
- Patentability
of new forms and uses of known substances
- Copyright
term
Hopefully RCEP will provide an impetus to improve the IP enforcement more and more quickly.
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