The Strategic and Discursive Contributions of the Max Planck Principles for Intellectual Property Provisions in Bilateral and Regional Agreements

In June 2013, the Max Planck Institute for Intellectual Property and Competition Law released its Principles for Intellectual Property Provisions in Bilateral and Regional Agreements. Drafted by the Institute’s directors and research fellows in collaboration with a team of outside experts, this document seeks to facilitate the development of international rules and procedures that can achieve a better, mutually advantageous and balanced regulation of international [intellectual property]. This essay discusses the important contributions the Principles have made at both the strategic and discursive levels. It situates these two sets of contributions in the context of the ongoing challenges confronting the development of the international trading and intellectual property systems. The essay concludes by briefly highlighting two important areas of interfaces that the Principles, by design, are unable to address