98 Pages Posted: 5 Dec 2012 Last revised: 25 Mar 2013
Date Written: December 4, 2012
This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests of rights holders and the public. It would heighten standards of protection for rights holders well beyond that which the best available evidence or inclusive democratic processes support. It contains insufficient balancing provisions for users, consumers, and the public interest.
Keywords: intellectual property, public interest, trans-pacific partnership, world intellectual property organization, anti-counterfeiting trade agreement, ACTA, WIPO, TPP, international law, international trade
Suggested Citation: Suggested Citation
Flynn, Sean M. and Baker, Brook K. and Kaminski, Margot E. and Koo, Jimmy, The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement (December 4, 2012). American University International Law Review, Vol. 28, No. 1, pp. 105-202, 2013; Northeastern University School of Law Research Paper No. 133-2013. Available at SSRN: https://ssrn.com/abstract=2185402 or http://dx.doi.org/10.2139/ssrn.2185402
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