Abstract

http://ssrn.com/abstract=1980173
 


 



Public Interest Analysis of the US TPP Proposal for an IP Chapter


Sean M. Flynn


American University - Washington College of Law; Program on Information Justice and Intellectual Property

Margot E. Kaminski


Ohio State University (OSU) - Michael E. Moritz College of Law; Yale University - Yale Information Society Project; Yale University - Law School

Brook K. Baker


Northeastern University - School of Law

Jimmy Koo


American University - Washington College of Law

December 6, 2011

Northeastern University School of Law Research Paper No. 82-2012
American University, WCL Research Paper No. 2012-07

Abstract:     
This briefing paper provides preliminary analysis of two leaked U.S. proposals for an intellectual property chapter in the Trans Pacific Partnership (TPP) agreement. The U.S. proposal, if adopted, would create the highest intellectual property protection and enforcement standards in any free trade agreement to date. Its provisions are primarily based on, and frequently go beyond, the maximalist and controversial standards of the Korea-US Free Trade Agreement (KORUS), the Anti-Counterfeiting Trade Agreement (ACTA) and US law, while negating the development-oriented flexibilities required by the 2007 New Trade Deal for developing countries and included in the US-Peru Free Trade Agreement. If adopted, the provisions would predictably lead to higher prices and decreased access to a broad range of consumer products in many TPP member countries, from medicines to textbooks to information on the internet, with little or no benefit from increased innovation, creativity or local economic activity. No country, including the US, has an interest in ceding this much policy flexibility to an international agreement. The proposal is particularly inappropriate for developing countries where the risks and effects of exclusionary pricing by monopolists are most acute.

Number of Pages in PDF File: 56

Keywords: Intellectual property, pharmaceuticals, Trans Pacific Partnership Agreement

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Date posted: January 6, 2012 ; Last revised: May 25, 2014

Suggested Citation

Flynn, Sean M. and Kaminski, Margot E. and Baker, Brook K. and Koo, Jimmy, Public Interest Analysis of the US TPP Proposal for an IP Chapter (December 6, 2011). Northeastern University School of Law Research Paper No. 82-2012; American University, WCL Research Paper No. 2012-07. Available at SSRN: http://ssrn.com/abstract=1980173 or http://dx.doi.org/10.2139/ssrn.1980173

Contact Information

Sean M. Flynn (Contact Author)
American University - Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
Program on Information Justice and Intellectual Property
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
Margot E. Kaminski
Ohio State University (OSU) - Michael E. Moritz College of Law ( email )
55 West 12th Avenue
Columbus, OH 43210
United States
Yale University - Yale Information Society Project ( email )
127 Wall Street
New Haven, CT 06511
United States
Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
Brook K. Baker
Northeastern University - School of Law ( email )
400 Huntington Ave.
Boston, MA 02115
United States
Jimmy Koo
American University - Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
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