Realigning TRIPS-Plus Negotiations with UN Sustainable Development Goals

INTELLECTUAL PROPERTY AND SUSTAINABLE MARKETS, Inger Berg Ørstavik and Ole-Andreas Rognstad, eds., 2019, Forthcoming

Texas A&M University School of Law Legal Studies Research Paper No. 18-40

20 Pages Posted: 19 Sep 2018 Last revised: 4 Oct 2018

Peter K. Yu

Texas A&M University School of Law

Date Written: September 19, 2018

Abstract

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.

Suggested Citation

Yu, Peter K., Realigning TRIPS-Plus Negotiations with UN Sustainable Development Goals (September 19, 2018). INTELLECTUAL PROPERTY AND SUSTAINABLE MARKETS, Inger Berg Ørstavik and Ole-Andreas Rognstad, eds., 2019, Forthcoming; Texas A&M University School of Law Legal Studies Research Paper No. 18-40. Available at SSRN: https://ssrn.com/abstract=3251667

Peter K. Yu (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

HOME PAGE: http://www.peteryu.com/

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