The inclusion of TRIPS-plus intellectual property (IP) provisions in bilateral agreements between the United States (US) and several developing countiies has been the focus of much concem over the past few years. As of March 1, 2007, the US has signed ten bilateral agreements containing such provisions, largely with countries from Latin Ametica and the Middle East. However, the geographic scope of US activity is small in comparison to that of the European Union.
Ending an informal moratorium, the EU has began in late 2006 to increase its activity in negotiating bilateral trade agreements and the European Commission has explicitly included a TRIPS-Plus mandate in its trade goals, stating that, “[the EU should seek to strengthen IPR [Intellectual Property Right] provisions in future bilateral agreements and the enforcement of existing commitments .. . . ” The most significant set of negotiations that the EU is currently conducting is with the 76 member African, Caribbean and Pacific (ACP) group of countries under an agreement titled European Partnership Agreements (EPAs). These agreements will significantly change the traditional nonreciprocal trade preference relationship that existed between the EU and ACP group of countries. They have the potential to alter, in a single action, the entire landscape of international intellectual property. Countries that commit to certain standards and norms in bilateral agreements are likely to seek to have those same norms and standards enshrined in multilateral agreements at the World Trade Organization (WTO), the World Intellectual Prope1ty Organization (WIPO) and other fora.