The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.

"The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is a free trade agreement involving major countries across the Asia Pacific region. The trade pact, which entered into force on 30 December 2018, is considered by many to be the “gold standard”, given its ambitious scope and depth. This volume offers multi-dimensional insights into the CPTPP and its impact on Southeast Asia. It begins with broad analyses covering the historical, economic and geopolitical aspects of the CPTPP. Subsequent chapters focus on the nature and implications of three key path-breaking provisions in the trade agreement, namely investor-state dispute settlement, intellectual property rights and state-owned enterprises. The effect of the CPTPP on Southeast Asia in terms of regional production networks is also examined from the perspective of Japanese multinational enterprises. The potential economic impact of the agreement is analysed for member countries (Vietnam and Malaysia) as well as countries that aspire to join the CPTPP in the future (Indonesia and Thailand). The world trading system is in disarray: the World Trade Organization has been weakened, perhaps terminally; the world’s two economic superpowers are locked in deep, politicized disputes; the forces of populism and nationalism are everywhere complicating the return to a more liberal, rules-based order. These trends are challenging one of the building blocks of ASEAN economic development, namely these countries’ outward-looking trade and investment policies. With impeccable timing this important volume by a group of eminent authors assesses these issues with reference to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. The CPTPP excludes the three largest traders—China, the EU and the US—but it is a welcome second-best initiative that may have broader, positive ripple effects. This is the volume to read to gain a deeper understanding of the many complex issues at play." -- Hal Hill, H.W. Arndt Professor Emeritus of Southeast Asian Economies, College of Asia & the Pacific, Australian National University

Deep trade agreements (DTAs) cover not just trade but additional policy areas, such as international flows of investment and labor and the protection of intellectual property rights and the environment. Their goal is integration beyond trade or deep integration. These agreements matter for economic development. Their rules influence how countries (and hence, the people and firms that live and operate within them) transact, invest, work, and ultimately, develop. Trade and investment regimes determine the extent of economic integration, competition rules affect economic efficiency, intellectual property rights matter for innovation, and environmental and labor rules contribute to environmental and social outcomes. This Handbook provides the tools and data needed to analyze these new dimensions of integration and to assess the content and consequences of DTAs. The Handbook and the accompanying database are the result of collaboration between experts in different policy areas from academia and other international organizations, including the International Trade Centre (ITC), Organisation for Economic Co-operation and Development (OECD), United Nations Conference on Trade and Development (UNCTAD), and World Trade Organization (WTO).

Provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law.

East Asia is the region of the world that is changing fastest in terms of trade arrangements. Dozens of free-trade agreements are signed every year, turning a complex situation into the East Asian noodle bowl of FTAs. This book addresses the crucial question posed by these new agreements how do they affect business? While many studies have focused on government-to-government issues, this book gets to the heart of the matter, studying what it means for the firms actually doing the trade and investment. I recommend this book to any serious student of trade, particularly those interested in understanding the rapidly evolving landscape in this most dynamic part of the world. Richard Baldwin, Professor of International Economics, Graduate Institute, Geneva, Switzerland The pursuit of more than one hundred Free Trade Agreements in East Asia is quietly producing a fundamental change in the global economic architecture. This path-breaking new volume provides an indispensable guide to the practical effect of such agreements on commercial transactions in the region. It is a must-read for businessmen and policymakers who seek to both understand the impact of FTAs in the real world and expand their contributions to economic growth and development. C. Fred Bergsten, Director, Peterson Institute for International Economics, US [East Asia] needs to think about appropriate measures to overcome the Asian FTA noodle bowl in the future. In this vein, the study suggests several practical measures including encouraging rationalization and flexibility of rules of origin, upgrading origin administration, improving business participation in FTA consultations, and strengthening institutional support systems for SMEs. . . It is hoped that this study will contribute to strengthening regional trade policies in Asia and compatibilities with global trade rules. Haruhiko Kuroda, President, Asian Development Bank This is a valuable contribution in a crowded field. Kawai and Wignaraja have gone beyond familiar arguments about the relative merits of regionalism and multilateralism to ask businesses what it all means to them. Policymakers should take note. Patrick Low, Chief Economist, WTO For policymakers in the region, the debate is no longer between regionalism and multilateralism. The real question is how we should create the model for regionalism that will become the building blocks to a multilateral trading system and avoid raising costs of doing business from the noodle bowl effect. Therefore the comparative and micro-level research found in this book provides valuable insights on the impact of FTAs on businesses. These insights will be relevant input as policymakers forge ahead in implementing regional FTAs, thinking of ways to amend and improve on them and, most importantly, harmonize or consolidate between existing regional FTAs in East Asia. Mari Pangestu, Minister of Trade, Indonesia The spread of Asia s free trade agreements (FTAs) has sparked an important debate on the impact of such agreements on business activity. This pioneering study uses new evidence from surveys of East Asian exporters including Japan, the People s Republic of China, the Republic of Korea and three ASEAN economies of the Philippines, Singapore and Thailand to shed light on the FTA debate. Critics are concerned that FTAs erode the multilateral trading process and foster an alarming noodle bowl of overlapping regulations and rules of origin requirements which may be costly to business. Asia s Free Trade Agreements makes key recommendations for improving business use of FTA preferences, reducing costs of FTAs and creating a region-wide FTA. This well-researched and documented book will appeal to undergraduate and postgraduate students in international business, international economics, economic development, public administration and public policy. Academics, researchers and members of think-tanks around the world will also benefit from this book as will trad

The Trans-Pacific Partnership (TPP) talks attempt to link together at least nine countries in three continents to create a 'high-quality, twenty-first century agreement'. Such an agreement is intended to open markets to competition between the partners more than ever before in sectors ranging from goods and services to investment, and includes rigorous rules in the fields of intellectual property, labour protection and environmental conservation. The TPP also aims to improve regulatory coherence, enhance production supply chains and help boost small and medium-sized enterprises. It could transform relations with regions such as Latin America, paving the way to an eventual Free Trade Area of the Asia Pacific, or see innovations translated into the global trade regulatory system operating under the WTO. However, given the tensions between strategic and economic concerns, the final deal could still collapse into something closer to a standard, 'twentieth-century' trade agreement.

This timely book provides a comprehensive survey of recent developments in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field.