USMCA Provisions on Intellectual Property, Services, and Digital Trade

Mexico Center, Rice University's Baker Institute for Public Policy (2020)

Arizona Legal Studies Discussion Paper No. 20-03

18 Pages Posted: 27 Jan 2020

See all articles by David A. Gantz

David A. Gantz

Univ. Of Arizona College of Law; Mexico Center, Baker Institute

Date Written: January 17, 2020

Abstract

The digital trade coverage of United States-Mexico-Canada Agreement (USMCA) is a clear and welcome recognition of the enormous importance of the global sale of digital products produced in the United States. The coverage of digital trade along with intellectual property (IP) and services in USMCA reflects the fact that in each of these three related sectors the United States is the world leader. Increasingly, issues relating to digital trade, which incorporates aspects of both IP and services, are critical to fostering global trade through increasing U.S. exports. Both the digital trade and IP provisions are in significant part carried over from the Trans-Pacific Partnership (TPP), from which the United States (unfortunately) withdrew in January 2018. The USMCA’s IP chapter reflects both the TPP provisions and the success of the Democratic Congressional leadership in excising special protections for biologic drugs and demanding reduced protection for branded pharmaceutical manufacturers against competition from generic producers.

Keywords: digital trade; biologic drugs; intellectual property; services; Trans-Pacific Partnership; global trade

Suggested Citation

Gantz, David A., USMCA Provisions on Intellectual Property, Services, and Digital Trade (January 17, 2020). Mexico Center, Rice University's Baker Institute for Public Policy (2020); Arizona Legal Studies Discussion Paper No. 20-03. Available at SSRN: https://ssrn.com/abstract=3524943

David A. Gantz (Contact Author)

Univ. Of Arizona College of Law ( email )

P.O. Box 210176
Rogers College of Law
Tucson, AZ 85721-0176
United States
520-490-3004 (Phone)

Mexico Center, Baker Institute ( email )

6100 Main Street, MS-40
Houston, TX 77005
United States
520-490-3004 (Phone)

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