PROTECTION OF INTELLECTUAL PROPERTY AND HUMAN RIGHTS GUARANTEE: CERTAIN NOTABLE TRENDS IN NEW GENERATION REGIONAL TRADE AGREEMENTS

Trần Thị Thùy Dương

 PGS. TS, Phó Tổng biên tập phụ trách Tạp chí Khoa học pháp lý, Trường Đại học Luật TP. Hồ Chí Minh, This email address is being protected from spambots. You need JavaScript enabled to view it.

While examining provisions related to intellectual property rights protection in new-generation trade agreements, we can note 2 trends. Firstly, the WTO+ provisions are adopted, enhancing the protection of trade-related aspects of intellectual property rights, while threatening to affect some human rights. Secondly, exceptions related to protection of human rights in these new-generation trade agreements are rather modest. This may be a big challenge for the implementation of the TRIPs agreement’s objectives: balancing parties’ rights and obligations, contributing to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare.

Keywords: human rights, intellectual property rights protection, trends, new-generation regional trade agreements

 

 

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