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This chapter examines the efforts to set intellectual property standards in the Asia-Pacific region through the development of the Trans-Pacific Partnership (TPP), the Regional Comprehensive Economic Partnership (RCEP), and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). It begins by examining the regulatory convergence narrative, focusing on efforts to harmonize Asian intellectual property standards through the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and TRIPS-plus bilateral, regional, and plurilateral agreements. The chapter then turns to the regulatory divergence narrative, discussing the region’s inherent nation-based differences, the development considerations involved in developing Asian intellectual property laws and policies, and the growing rivalry between the TPP/CPTPP and the RCEP. This chapter concludes by suggesting that neither the convergence narrative nor the divergence narrative presents a complete and satisfactory story for a region as large, complex, and diverse as Asia. Instead, the chapter contends that the region is likely to see ‘regulatory crossvergence’—a simultaneous convergence and divergence of regulatory standards. Such crossvergence not only has resulted in the region’s development of compromising standards but has also been highly indicative of the ongoing and future standard-setting efforts in Asia.

Since its inception, copyright law has been developed around the concept of “copy”. Although copyright began mostly as a right vested in copies, and therefore a right to prevent others from multiplying copies, the emphasis has now been dramatically shifted to the act of copying itself. The terms “copy” and “copies” have also been slowly re-conceptualised to respond to changing technology and to expand the scope of copyright protection. The first half of this chapter takes a historical perspective. It recounts the use of the concept of “copy” by the Stationers’ Company and in the Statute of Anne. It also addresses two different sets of challenges to this foundational concept: (1) the US Supreme Court case of White-Smith Music Publishing Co v Apollo Co and (2) the efforts in the mid-1990s to update the concept to meet the needs of the digital environment. The second half of this chapter is forward-looking. It examines four areas in which digital technology has posed major challenges to the concept of “copy”: reproduction, distribution, public performance and making available. The chapter concludes with six observations concerning the future development of copyright law in the digital environment.

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Peter K. Yu

Handbook Chapter

In Research Handbook on Intellectual Property and Climate Change

Edited by Joshua D. Sarnoff

Intellectual Property and Access to Essential Medicines

Peter K. Yu

Monograph Chapter

In The Global Governance of HIV/AIDS

Edited by Obijiofor Aginam, John Harrington and Peter K. Yu

Intellectual Property and Access to Essential Medicines

Peter K. Yu

Monograph Chapter

In The Global Governance of HIV/AIDS

Edited by Obijiofor Aginam, John Harrington and Peter K. Yu

Peter K. Yu

Handbook Chapter

In Criminal Enforcement of Intellectual Property

Edited by Christophe Geiger

Peter K. Yu

Monograph Chapter

In Governing Science and Technology under the International Economic Order

Edited by Shin-yi Peng, Han-Wei Liu and Ching-Fu Lin

Peter K. Yu

Handbook Chapter

In Research Handbook on Intellectual Property in Media and Entertainment

Edited by Megan Richardson and Sam Ricketson

Peter K. Yu

Monograph Chapter

In The Global Challenge of Intellectual Property Rights

Edited by Robert Bird and Subhash C. Jain

Peter K. Yu

Monograph Chapter

In Intellectual Property and Access to Im/material Goods

Edited by Jessica C. Lai and Antoinette Maget Dominicé

Peter K. Yu

Monograph Chapter

In Trademark Protection and Territoriality Challenges in a Global Economy

Edited by Irene Calboli and Edward Lee

Peter K. Yu

Handbook Chapter

In Research Handbook on Cross-border Enforcement of Intellectual Property

Edited by Paul Torremans

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