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This paper analyzes The Trans-Pacific Partnership(TPP) IP provisions and suggests the negotiation strategy. The TPP, also known as the Trans-Pacific Strategic Economic Partnership Agreement, is a trade agreement currently under negotiation that has its roots in an existing agreement between Brunei, Chile, New Zealand, and Singapore. The original agreement between the countries of Brunei, Chile, New Zealand and Singapore(P4) was signed on June 3, 2005. The TPP could be as one of the most promising region building efforts in the Pacific region. U.S. negotiators and others describe and envision the TPP as a “comprehensive and high-standard” FTA that aims to liberalize trade in nearly all goods and services and include commitments beyond those currently established in the World Trade Organization(WTO). However, there are a number of issues that must be resolved before an expanded TPP could become a reality. These issues comprise substantive obstacles in the negotiating process as well as procedural hurdles that must be addressed once an agreement is reached. PTAs, especially those with the U.S., often include provisions for enhanced intellectual property protection, going beyond the WTO TRIPS agreement’s requirements: so-called ―TRIPS-Plus. Typically TRIPS-Plus refers to IPR provisions believed to contain additional requirements than those contained in the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”), which is administered by the WTO. The P4 also imposes TRIPS plus obligations, although they are not as extensive as those found in U.S. FTAs. TPP contained TRIPS plus provisions that can undermine the flexibilities and disturb the delicate balance provided by the TRIPS Agreement.

목차

I. 처음에
 II. TPP에서의 지적재산권 논의의 위상
  1. TPP의 세계경제에서의 역할
  2. 경제통합으로서의 FTA와 TPP
 III. TPP에서의 지적재산권 쟁점
  1. 산업재산권(특허법ㆍ상표법) 관련 쟁점
  2. 저작권 관련 쟁점
  2. 손해배상 등 관련 쟁점
 IV. 우리나라의 지적재산권 보호수준과 TPP에서의 협상전략
  1. 한ㆍ 미 FTA에서의 지적재산권 보호수준 강화
  2. FTA 협상전략과 TPP 협상전략
 V. 맺음말
 참고문헌
 

키워드

지역무역협정 환태평양경제동반자협정 자유무역협정 한․미 FTA 지적재산 지적재산권 RTA TPP FTA KORUS FTA Intellectual Property IPR.

저자

• 윤선희 [ Yun, Sun-hee | 한양대학교 법학전문대학원 교수 ]

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