Realigning TRIPS-Plus Negotiations with UN Sustainable Development Goals
INTELLECTUAL PROPERTY AND SUSTAINABLE MARKETS, Inger Berg Ørstavik and Ole-Andreas Rognstad, eds., 2019, Forthcoming
20 Pages Posted: 19 Sep 2018 Last revised: 4 Oct 2018
Date Written: September 19, 2018
In December 2015, the United Nations adopted the 2030 Agenda for Sustainable Development, which featured 17 sustainable development goals (SDGs). These goals were developed at a time when countries were busy negotiating TRIPS-plus bilateral, regional and plurilateral agreements. This chapter explores how developing countries could have attained more success by realigning TRIPS-plus intellectual property negotiations with the SDGs. It begins by discussing the intersection between the SDGs and the development of the intellectual property system – at both the domestic and international levels.
The chapter then outlines the direct and indirect impediments that the recent and ongoing negotiations for TRIPS-plus trade agreements have generated to the promotion and fulfilment of the SDGs. These agreements include the Anti-Counterfeiting Trade Agreement, the Trans-Pacific Partnership (now the Comprehensive and Progressive Agreement for Trans-Pacific Partnership) and the Regional Comprehensive Economic Partnership. In view of the potential dangers and complications caused by TRIPS-plus intellectual property negotiations, this chapter concludes by identifying six distinct strategies that developing countries may deploy to ensure greater promotion and fulfilment of the SDGs.
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