Asset Value Protection Agreements: An Alternative View of 21st Century Economic Partnership Agreements

Abstract

Modern deep and comprehensive economic partnership agreements are different than their predecessors in many ways: they seek to break down behind-the-border barriers, facilitate global value chains, smooth the way for e-commerce, establish rules to support the digital transformation, and other objectives. An overlooked feature is their aim to protect the value of existing commercial assets, especially intellectual property. When we confront this central feature, the implications of these agreements for the national interest in trade negotiations take on sharply different contours. This note explores this feature of modern trade agreements.