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

56 Pages Posted: 6 Jan 2012 Last revised: 25 May 2014

Sean M. Flynn

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

Margot E. Kaminski

University of Colorado Law School; Yale University - Yale Information Society Project; Yale University - Law School; University of Colorado at Boulder - Silicon Flatirons Center for Law, Technology, and Entrepreneurship

Brook K. Baker

Northeastern University - School of Law

Jimmy Koo

American University - Washington College of Law

Date Written: December 6, 2011

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.

Keywords: Intellectual property, pharmaceuticals, Trans Pacific Partnership Agreement

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: https://ssrn.com/abstract=1980173 or http://dx.doi.org/10.2139/ssrn.1980173

Sean M. Flynn (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
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

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
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

University of Colorado at Boulder - Silicon Flatirons Center for Law, Technology, and Entrepreneurship ( email )

Wolf Law Building
2450 Kittredge Loop Road
Boulder, CO
United States

Brook K. Baker

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

Jimmy Koo

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

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