O desafio dos novos padrões regulatórios nos acordos preferenciais de comércio para a estratégia brasileira em propriedade intelectual

Badin, Michelle Ratton Sanchez
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There has been a proliferation of Free Trade Agreements in the recent years due to the impasse in the Doha Round as well as other phenomena in the international negotiations. Countries and economic blocs like US, EU, India and China in order to increase trade developed models of agreements beyond those already set forth by the WTO. These documents address new topics not already in the WTO or part of the existing multilateral trade system. This regulatory strategy could affect multilateral negotiations, since the areas of interest negotiated in the Doha Round are being incorporated into bilateral agreements. Before this phenomenon, it was assumed that the strategy of countries such as Brazil that opted for the multilateral approach could be harmed, as the negotiation tendencies of important players in the multilateral system are pre-defined. Thus, the challenge of this paper is to examine to what extent the bilateral regulation in the FTAs of the selected countries differs from the Brazilian proposals in the WTO, and affects the interests of Brazil. The focus of this paper is intellectual property and trade, an area considered contentious in the international negotiations for developing and developed countries alike. The research herein was developed as part of the IPEA project entitled 'Trends in Regional and Bilateral Trade Agreements over The Multilateral Trade System Rules: Elements for a Debate on Law and Development in Brazil'. This study analyzes the counterpoint between the regulation of intellectual property in the FTAs signed by US, EU, India and China and the proposals presented by Brazil in the Doha Round. It aims to identify convergence or divergence in the strategy of the aforementioned countries and explain how these can affect multilateral negotiations and the Brazilian multilateral strategy.

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