Fragmentation of TRIPS-plus provisions in bilateral trade agreements of the European Union (2019–2024): a case study

Purpose The European Commission suggested in 2014 a differential approach to negotiating intellectual property rights (IPR) clauses in bilateral trade agreements, whereby least developed and poorer developing states were to be offered less burdensome obligations in the sphere of IPR. This made the policy of European Union (EU) with regard to IPR standards in third countries open to fragmentation, which could lead to increased transaction costs. The purpose of the study is to advance research on the following questions. How extensive has such fragmentation been in practice? Has such fragmentation followed any discernible pattern? and Have the impasse in the World Trade Organization (WTO) Appellate Body and the COVID-19 affected in any significant way the extent of such fragmentation? Design/methodology/approach The study includes an overview of the key developments in WTO negotiations with regard to the IPR after the Doha Ministerial Conference, and the explanation of the methodology of sampling, whereby eight clauses on IPR in three bilateral agreements are selected for analysis. The method of comparative analysis is used to establish the trends in EU bilateral trade agreements before and after COVID-19 with regard to IPR. Findings The study concludes that neither COVID-19 nor WTO Appellate Body stalemate changed dramatically the EU policy with regard to IPR standards in bilateral trade agreements. However, the fragmentation of the IPR clauses in trade agreements remains an issue, which may negatively affect the efficiency of the relevant commercial and investment activities. Originality/value Even though the IPR clauses of EU trade agreements with third states have been well researched, there is insufficient research of the effects of the COVID-19 and WTO Appellate Body stalemate on the treaty practice of the EU in the sphere of IPR on two aspects: treatment of developing countries and fragmentation of the international IPR standards. The study is, thus, offering a novel view of an important aspect of the EU external economic policy.