Intellectual Property in New Zealand and the TPPA

Abstract

There are many ways in which the Trans-Pacific Partnership (TPP) Agreement, if completed, will require New Zealand to change its laws to increase the level of intellectual property protection. The current agreement (known as P4), which the TPP seeks to expand, is between New Zealand, Chile, Singapore and Brunei. The expanded negotiations to the TPP include the United States, Australia and Vietnam. Increases in intellectual property protection may seem a good idea if a short-term view is taken. If New Zealand, however, is ever to develop to a knowledge economy and to increase investment in research and development then trade negotiators need to plan for that possibility and not stifle such opportunities through agreeing on too much increased intellectual property protection in order to achieve other trade goals. Too much intellectual property protection can also increase the prices of goods, including books, films, electronics and pharmaceuticals. If New Zealanders want access to a wide range of goods and services then there must be a careful balance, within the details of intellectual property law, to make sure such goods do not become unaffordable for New Zealanders. This chapter discusses what intellectual property laws New Zealand will likely be pressured to change if the TPP proceeds.