Free Trade Agreement Between Costa Rica and China

Professor Aurelio López-Tarruella Martinez of the University of Alicante makes us aware via IP Tango that on August 1, 2011, two Free Trade Agreements (FTAs) entered into force: between Peru and Korea and between Costa Rica and China. Let's focus on the latter.

Professor López-Tarruella Martinez writes: "The FTA between Costa Rica and China includes specific provisions on generic resources, traditional knowledge and folklore and on geographical indications apart from general obligations to comply with TRIPS and Doha Declaration on Public Health, and on technical cooperation. There is a provision on border measures as well." You can find them in articles 109-117 of Chapter 10 Intellectual Property. Read the IP Tango article here.

So now China has the following three FTAs in the Western Hemisphere:
Costa Rica (2011)
Peru (2009), see here
Chile (2005), see here.

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Bitter Taste Avoided: South Korean Zhenjiang Vinegar and Costa Rican Confucius Institute Trademarks Rejected

The State Administration for Industry and Commerce (SAIC) is vigorously protecting the trademarks of well-known Chinese companies.

In October 2010 there was an effort to register the trademark Zhenjiang Vinegar in South Korea. Zhenjiang 镇江 is a prefecture-level city located in Jiangsu province. Vinegar producers in that region use the name Zhenjiang. Wang Xin wrote in the China Daily:

-"The case began in June 2010 when the local association heard from a foreign client that a South Korean company had filed an application for the Zhenjiang Vinegar trademark in both Chinese and Korean."

-"The Korean trademark administration accepted the application and published a notice in April asking for objections the notice expired on June 23, just wees after the Chinese association became aware of the filing."

-"Just a day before the expiry date, the association filed an objection with the South Korean administration." This objection was accepted. Read Wang's article here.

In November 2010 they tried to register the Confucius Institute in Costa Rica. Read more about the Confucius Institutes, who are promoting the Chinese culture and language around the world, here.

Read Wang Huazhong's China Daily article about both cases here.

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Coming Up: China - Costa Rica Free Trade Agreement

After Chile and Peru, Costa Rica is the third Latin American country that is to negociate a free trade agreement with China. Read the AFP article here.

Free trade agreements can play an important role in the protection and enforcement of intellectual property rights. Therefore I intend to read the following two brand new books edited by professor Bryan Mercurio (international economic and trade law at the Chinese University of Hong Kong, School of Law) and Simon Lester (WorldTradeLaw.net): 'Bilateral and Regional Trade Agreements: Commentary & Analysis' and 'Bilateral and Regional Trade Agreements: Case Studies'. In particular I would like to read professor Mercurio's chapter on the TRIPs-plus areas of intellectual property: copyright, geographical indications and patents in 'Bilateral and Regional Trade Agreements: Commentary & Analysis'.

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