What Is Patentable Under the Trans-Pacific Partnership?: An Analysis of the Free Trade Agreement's Patentability Provisions from a Public Health Perspective

15 Pages Posted: 16 Nov 2015

See all articles by Burcu Kilic

Burcu Kilic

Public Citizen

Hannah Brennan

Hagens Berman Sobol Shapiro

Peter Maybarduk

Public Citizen

Date Written: April 8, 2015

Abstract

On October 16, 2014, WikiLeaks released a complete draft of the Intellectual Property Chapter of the proposed Trans-Pacific Partnership Agreement (TPP). The TPP is a controversial free trade agreement being negotiated behind closed doors by officials from Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States, and Vietnam. The United States’ most recent proposals for the TPP’s intellectual property chapter would require the majority of the negotiating parties to significantly alter the scope of their intellectual property laws — changes that would raise drug and crop costs, therein restricting access to affordable medicines and foodstuffs. For those nations that have already aligned their domestic laws with the TPP’s intellectual property provisions, this agreement would further ossify detrimental standards. This feature examines one piece of the TPP’s intellectual property chapter: the text’s provisions on patentability requirements. We argue that the patentability requirements set forth in the TPP could seriously harm public health and local farming practices in the negotiating countries.

Keywords: Trans-Pacific Partnership, TPP, IP, ISDS, TRIPS, UPOV, patent law, intellectual property law, plant patents, public health, pharmaceuticals, right to health, right to food

Suggested Citation

Kilic, Burcu and Brennan, Hannah and Maybarduk, Peter, What Is Patentable Under the Trans-Pacific Partnership?: An Analysis of the Free Trade Agreement's Patentability Provisions from a Public Health Perspective (April 8, 2015). Yale Journal of International Law Online, Vol. 40, No. 1, 2015, Available at SSRN: https://ssrn.com/abstract=2690880

Burcu Kilic

Public Citizen ( email )

1600 20th Street NW
Washington, DC 20009
United States

Hannah Brennan (Contact Author)

Hagens Berman Sobol Shapiro ( email )

55 Cambridge Pkwy
Number 301
Boston, MA 02141
United States
6175108667 (Phone)

Peter Maybarduk

Public Citizen ( email )

215 Pennsylvania Ave. Se
Washington, DC 20002
United States

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