Page 10 - 2021 Policy Watch
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icy Watch: Brief Analysis of the Intellectual Property Sections of Three Influential International Trade Agreements and one Bilateral Trade Agreement

tative and the US Department of Agriculture jointly
reported that China had purchased over US $23 bil-
lion in agricultural products, approximately 71% of its
target under the Phase 1 Trade Agreement.
On 1st April 2021, the Office of the US Trade Rep-
resentative released the 2021 National Trade Estimate
Report, where it agreed on the Phase 1 Trade Agree-
ment between Trump’s administration and China, and
stated that it “establishes a strong dispute resolution
system that ensures prompt and effective implementa-
tion and enforcement”.
At the same time, the purpose of Trump’s administra-
tion of reducing trade deficit with China has been also
fulfilled. According to US’s statistics, in 2020, US-Chi-
na trade goods valued US $560.1 billion, increased by
0.4% year-on-year, which accounted for 14.9% of the
total US-China trade goods. Due to tariffs on Chinese
goods imposed by US, imports from China this amount
has been rapidly decreased. The imports from China
to US amounted for US $435.45 billion, decreased
by 3.6% year-on-year, which accounted for 18.6% of
the total imports; the export from US to China was at
US $124.65 billion, increased by 17.1% year-on-year,
which accounted for 8.7% of the total export.
Despite the significant impact of the Covid-19 pan-
demics on US-China economy, the Biden’s admin-
istration believed that China will fulfill the expected
commitment of purchasing American products in near
time. Therefore, Biden’s administration focuses on the
structural reform in China’s commitment.
In the final version of TPP, which was the former of
CPTPP, the intellectual property section was located
in Chapter 18, consisting of 83 clauses, covering the
entity protection provisions and procedural IP-related
clauses on trademark, copyright, patent, geographi-
cal indications, trade secrets etc., most of which had
higher requirements on IP protection than RCEP.
Even though CPTPP fully or partially suspended the
application of 11 provisions in the intellectual prop-
erty section of TPP, it still has higher standards and
stricter requirements than RCEP. ETA mainly covers
core issues involved in economic and trade negotia-
tions between China and the United States, including
8 chapters regarding intellectual property, technology
transfer, food and agricultural trade, financial services,

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