Friday, 2 March 2012

Japan-Peru FTA enters into force with relevant provisions on IP

On the first of March, a new Free Trade Agreement enters into force for Peru: the Economic Association Agreeement with Japan (in Spanish).

According to Andina, "under the pact, Japan and Peru will scrap tariffs on more than 99 percent of the value of goods traded between the two nations within 10 years after the effective date. Through the FTA, Japan expects to increase exports of automobiles, auto parts, and electronic items such as TVs, while Peru can offer goods including farm and marine products, among them pork, poultry, squid, asparagus and corn, and resources such as copper and zinc".

As it is usual in these kind of agreements, a chapter on intellectual property has been included to ensure effective protection and enforcement of these rights. While there are numerous provisions (21) and some of them clearly establish TRIPS-plus obligations, it does not seems that the treaty implies stricter commitments for Peru than those established in other FTAs such as the one with the US, the European Union (not yet in force), or in particular the Transpacific Partnership

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