A study on the RCEP intellectual property rules and insights for China

Abstract

This study analyzes the formative logic and rule characteristics of the RCEP intellectual property (IP) provisions and evaluates their challenges and opportunities for China’s IP system. Combining textual analysis of RCEP’s IP chapter with comparative legal methodology, the research examines how the agreement balances multilateral governance standards with localized policy flexibility, contrasting its framework with China’s domestic laws and global IP regimes. Findings reveal that RCEP innovates by (1) reserving policy space for members to adapt implementation, (2) constructing a “knowledge sovereignty” model led by developing countries to protect traditional resources, and (3) advancing a “balanced protection with flexible implementation” paradigm that recalibrates global IP governance. For China, rule convergence demands legal reforms in broadcasting rights, patent grace periods, and well-known trademark protections. The study concludes that RCEP offers developing nations a hybrid governance template, reconciling strict IP enforcement with developmental equity, thereby challenging hegemonic international norms. Practically, China must prioritize aligning domestic laws with RCEP’s standards while strategically leveraging the agreement to expand technology standard exports, strengthen regional IP collaboration, and reshape Asia-Pacific knowledge governance. These insights highlight the role of flexible multilateralism in harmonizing globalization with sovereign development agendas, offering actionable pathways for emerging economies to navigate IP systemic reforms and global rule-shaping.