RCEP’s impact on IP protection in China

On 15 November 2020, the Association of Southeast Asian Nations (ASEAN) member states – Indonesia, Thailand, Singapore, Malaysia, the Philippines, Vietnam, Brunei, Cambodia, Myanmar and Laos – together with China, Japan, South Korea, Australia and New Zealand signed the Regional Comprehensive Economic Partnership (RCEP).

As the world’s largest trade bloc, the RCEP covers trade in goods and services, investment, economic and technical co-operation, intellectual property (IP) and e-commerce, among others.

The objective of the IP chapter (chapter 11) of the RCEP is to promote deeper economic integration and co-operation through the effective and adequate creation, utilisation, protection and enforcement of IP rights. Some noteworthy provisions in the chapter that have impacted, or may impact, China’s IP protection landscape are worthy of discussion.

The RCEP will have some positive, albeit limited, impacts on IP protection in China. What is probably more interesting to see is how the RCEP will impact the enforcement of revised and new IP laws in China, as outlined below, and the further alignment of IP protection at the regional level.

In general, the IP chapter is built on the framework of various multilateral agreements to which China is a party, including the TRIPS [Trade-Related Aspects of Intellectual Property Rights] Agreement, the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industry Property, as well as other multilateral agreements administered by the World Intellectual Property Organisation (WIPO).

Most provisions in the IP chapter are in the form of principles, which are broad and have been drafted in relatively non-specific terms. This chapter has its unique features, however, when compared with other IP-focused multilateral agreements. For example, it dedicates a section on genetic resources, traditional knowledge and folklore, and unfair competition.

The vast majority of the provisions in the IP chapter have already been implemented in China, so this article focuses on the provisions that are yet to be fully implemented, or may impact the enforcement of the relevant laws and regulations.