UK-EU-JAPAN TRADE RELATIONS: MODELLING TRADE, REGULATION AND IP

Lead Research Organisation: City, University of London
Department Name: Law

Abstract

Japan has undertaken a unique approach in its international economic agreements with other countries, concentrating on concluding treaties, which cover a wide range of matters (trade, services investment and competition) rather than simply trade in goods, as many other countries have done. Following its departure from the EU, the UK will need to develop its own approach to international economic treaties to fit its economic needs. Similarities in the size and makeup of the UK and Japanese economies suggests that the two countries could learn from each other in terms of their international economic relations with other countries, and with each other. The UK may wish to adopt the Japanese style of comprehensive economic treaties or to pursue economic treaties with more than one country at once. Additionally, both the UK and Japan are members of the World Trade Organization, a global body that oversees barriers to trade in goods and services among almost every country in the world. Since this organization has been struggling recently because of disagreements on several spheres of economic activity, the UK and Japan are well placed to instigate reforms to the organization to help it fulfil its mandate for improving the global economy.

Convergence of standards in regulatory cooperation is at the heart of contemporary global governance. Researchers, from early to mid to late career, explore the legal significance of EU-Japan Economic partnership Agreement as the largest trading area in the world and the future of its integration with the UK in the post-Brexit area. The research involves UK and Japanese trade, IP and data experts in political science, politics and international relations analysing the rules and standards governing over half a billion citizens and the consequences of trilateral arrangements on the agreement of standards on data in the post-Brexit era.

The protection and enforcement of intellectual property rights underpins many aspects of trade between the EU, UK and Japan. With respect to the protection of copyrights, trade marks, patents and trade secrets, companies based in the EU, UK and Japan are world leaders, selling their goods and services in many key areas of global industry, including film and music, robotics, digital electronics and information technology, engineering, and fashion. Intellectual property strategies are key to these businesses and reliance on these forms of IP provides revenue for investment in new technologies. With Brexit on the horizon it is necessary to evaluate whether the enforcement systems for protection patents and trade secrets in the EU, UK and Japan are set at an optimal level. With a 3-hour round table discussion at Keio and a follow up 2-hour presentation and discussion at City we aim to consider from a comparative perspective the protection and enforcement of intellectual property rights in the EU, UK and Japan, and analyse the impact of variances of protection may have on overall trade. A particular focus will be on the impact of Brexit, including its bilateral and trilateral trade impact on e.g. EU-UK, EU-Japan, UK-Japan and EU-UK-Japan trade.

Planned Impact

The benefits of this research will be in academia (scholars in the field of international economic law around the world) who will benefit from access to the publications which will be produced by this research. This will assist in developing new areas for research and will illuminate existing debates. Outside of academia the beneficiaries will be the governments of the UK and of Japan, in particular the departments of international trade in both countries. They will benefit by having a more well-informed strategy in terms of international economic agreement negotiations as a result of the publications produced by this research and the shorter summaries of this research in blogs and in newspapers. The World Trade Organization should benefit from the policy advice which will be engendered by the research regarding potential reforms to the world trading system. The results will be formulated into responses to requests for contributions to White Papers for the UK government and the Japanese equivalent. Policy organizations which inform governments and the private sector will also benefit from this work. This includes organizations in the UK such as Politeia, the Institute for Economic Affairs, and the Trade Policy Observatory and the European Centre for International Political Economy in Brussels and Asser Institute in the Hague. Equivalent organizations in Japan will also benefit, with the business foundation Keidanren as a prominent example. These groups will benefit from the research by identifying areas for further research which they can conduct on their own and by using our outputs to craft the results into discrete policy advice for governmental bodies, as per their own agendas. In order to insure that these benefits are fully available, the outputs from this research will be disseminated as widely as possible through free access online and through summaries in blogs and newspapers and social media. This will maximize the reach of the work to a larger, non-expert audience. The planned conferences, while primarily aimed at academics, will also be open to policy specialists and journalists.

Our research will be directed at positive law reform, with such changes pushing towards an intensification of trade between UK, EU and Japan. By preparing a high-quality, evidence-based report and an academic publication, and disseminating these publications (e.g. press release, social media, trade blogs, etc.), our aim will be to influence legislative action and policy behaviour at a national and regional level, with the overall intention to effect a positive impact on trade. Our plan to invite the key stakeholders/beneficiaries to the events, coupled with our dissemination strategy, will increase the likelihood of achieving impact.

Dissemination of the identified proposals/recommendations will be crucial to maximise impact. The press-release and the conference report (both outlining policy recommendations for reform) will be widely disseminated online and will be publicised by City, University of London via its press office, and by Keio University via its media office. The authors will ensure that the policy recommendation will be channelled towards associations and organisations representing patent, trademark and copyright owners as well as trade bodies in EU, UK and Japan; blogs and websites interested in International Economic law, EU, IP and trade will also be targeted, with the academic paper (which will highlight the differences between the enforcement systems and academic recommendations for reform) being published in an open-access format in leading peer-reviewed journals such as the International Review of Intellectual Property and Competition Law (IIC) and European Law Journal. Such dissemination will be capable of influencing legislative action and policy behaviour at a national and regional level, with the overall intention to effect a positive impact on trade.
 
Description https://www.city.ac.uk/about/schools/law/research/esrc-project-trilattrade
Exploitation Route Beneficiaries of this research in society will include British companies doing international trade in fields including financial and legal services, the producers of Scottish whiskey and English gin and cheeses, the UK video games industry and companies developing artificial intelligence, SME representatives, diplomatic/trade envoys in government including at the U.K. Intellectual Property Office, politicians and policymakers, specialist congresses e.g. the annual EU-Japan Forum and trade fairs.
Sectors Agriculture, Food and Drink,Communities and Social Services/Policy,Creative Economy,Digital/Communication/Information Technologies (including Software),Financial Services, and Management Consultancy,Leisure Activities, including Sports, Recreation and Tourism,Manufacturing, including Industrial Biotechology,Culture, Heritage, Museums and Collections,Pharmaceuticals and Medical Biotechnology

URL https://www.city.ac.uk/about/schools/law/research/esrc-project-trilattrade
 
Description Policy training/education for Civil Service 1. March 2020 Luke McDonagh and Enrico Bonadio presented the findings of the project IP-related research at the Department of International Trade, at Whitehall (a hour and half session) and gave them an overview of the IP implications of Brexit, including Japan/UK trade (eg in relation to geographical indications). Public speaking on UK-EU-Japan Trade, Regulation and IP Policy and Brexit to open, public forums (reverse chronological) 2. Elaine Fahey was invited to present the TRILATRADE project findings and to speak on EU-UK-Japan data transfers at the EU-Japan forum organised by EE-ULB, EASt-MSH, the Waseda Organisation for Regional and Inter-Regional Studies, the Waseda Brussels Office and the Japan Society for the Promotion of Sciences 12-13 March 2020 in Brussels. The audience included an interdisciplinary number of experts speaking around 8 themes and the audience included the European Commission, business groups and NGOs. 3. David Collins had a meeting with Jean Bizet French Senate, chair of its European Affairs Committee, on February 13 2020, organized through a Politeia event, to discuss the UK-EU FTA negotiations, including as to UK-Japan relations
First Year Of Impact 2020
Sector Agriculture, Food and Drink,Creative Economy,Digital/Communication/Information Technologies (including Software),Financial Services, and Management Consultancy,Government, Democracy and Justice,Manufacturing, including Industrial Biotechology,Pharmaceuticals and Medical Biotechnology,Other
Impact Types Cultural,Societal,Economic,Policy & public services

 
Description BBC World News Business Briefing TV interview on Brexit (Fahey., E) 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact TV interview of Fahey, E. on BBC World News Business Briefing on Brexit negotiations (16 December 2019)
Year(s) Of Engagement Activity 2019
 
Description Blog Post City Law Forum 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Blog post 'New UK- Singapore Trade Agreement Could Help Shape Global Rules on Digital Trade" City Law Forum, City Law School (December 2020) which sparked discussion and further media interest.
Year(s) Of Engagement Activity 2020
URL https://blogs.city.ac.uk/citylawforum/2020/12/11/new-uk-singapore-trade-agreement-could-help-shape-g...
 
Description Evidence to Parliament 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact Oral evidence provided by invitation to International Trade Committee of House of Commons on inquiry digital trade and data flows inquiry. Elaine Fahey gave evidence on 27 January 2021. Topics discussed in detail included UK-Japan CEPA digital trade provisions.
Year(s) Of Engagement Activity 2021
URL https://parliamentlive.tv/event/index/33ee0931-626a-4a50-9ff7-9220ddf4dd88
 
Description The Conversation blog on UK-EU-Japan IP 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Industry/Business
Results and Impact Conversation blogpost on UK-EU-Japan IP
Year(s) Of Engagement Activity 2020
URL https://theconversation.com/car-wars-how-nokia-could-find-itself-at-centre-of-eu-investigation-over-...
 
Description UK in a Changing EU blog 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Blog post on the post-Brexit services industry in leading UK-EU engagement think-tank
Year(s) Of Engagement Activity 2019
URL https://ukandeu.ac.uk/how-post-brexit-trade-agreements-might-affect-the-services-sector/