To Me My X-Men: An Analysis of the European Union’s Engagement with International Intellectual Property Law Through the Prism of a Trade Agreement with the Mutant Nation of Krakoa

Abstract

The purpose of this Article is to examine the European Union’s external relations with the hypothetical mutant nation of Krakoa through the perspective of intellectual property and human rights filtered through a trade agreement between the parties. In doing so, the potential trade agreement with Krakoa allows for the critical reflection of the scope and application of international intellectual property protection, enforcement, and development but also allows for challenges to this existing standard that are not possible elsewhere due to broader economic and political reasons. It discusses the progressive inclusion of TRIPS-Plus provisions in EU international agreements and how this sets the stage for this trade agreement. This paper identifies the extent to which the EU is seeking higher levels of intellectual property protection in the global sphere and discusses to what extent the use of TRIPS-Plus provisions has clashed with the objective of the promotion and protection of human rights in the EU external action. In essence, what can be learned from a trade agreement between the EU and Krakoa, and how this can be applied to future negotiations of the EU and its trading partners at the international level.