The Trans-Pacific Partnership: Intellectual Property and Trade in the Pacific Rim

Cheltenham and Northampton (MA): Edward Elgar Publishing, 2020-1.

Posted: 10 Oct 2020

See all articles by Matthew Rimmer

Matthew Rimmer

Queensland University of Technology (QUT)

Date Written: August 21, 2020

Abstract

The Trans-Pacific Partnership (TPP) is a mega-regional trade deal, spanning the Pacific Rim. As well as dealing with traditional matters of trade and commerce, the agreement tackles such subjects as intellectual property, electronic commerce, and investor-state dispute settlement. This book considers the Intellectual Property chapter of the TPP. In particular, it focuses upon the debate over copyright term, copyright exceptions, intermediary liability, and technological protection measures. The book also examines the negotiations over trade mark law, cyber-squatting, geographical indications, and the plain packaging of tobacco products. It also explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. The work also investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights. With the departure of the USA under President Donald Trump, a number of the most controversial parts of the TPP have been suspended. However, there remains concern that such provisions will be revived – if the USA rejoined the TPP at a later date under a future President.

TABLE OF CONTENTS

PREFACE

Globalization and its Discontents: Joseph Stiglitz and the Trans-Pacific Partnership

INTRODUCTION

The Resurrection of the Trans-Pacific Partnership

PART ONE COPYRIGHT LAW AND RELATED RIGHTS

Chapter 1 Rock against the Trans-Pacific Partnership: Copyright Law, the Creative Industries, and Internet Freedom

Chapter 2 Fair Use and Fair Trade: The Trans-Pacific Partnership and Copyright Exceptions in the Pacific Rim

Chapter 3 Back to the Future: The Digital Millennium Copyright Act and the Trans-Pacific Partnership

PART TWO ELECTRONIC COMMERCE AND DIGITAL TRADE

Chapter 4 The Trans-Pacific Partnership and Big Data: Consumer Rights, Privacy, Electronic Commerce and Digital Trade

PART THREE TRADEMARK LAW AND RELATED RIGHTS

Chapter 5 No Logo: Nike, Labor Rights, Trade Mark Law, and the Trans-Pacific Partnership

Chapter 6 The Big Chill Investor-State Dispute Settlement, Tobacco Control, and the Trans-Pacific Partnership

Chapter 7 The Prosecco Wars: Intellectual Property and Geographical Indications in the Pacific Rim

PART FOUR PATENT LAW AND RELATED RIGHTS

Chapter 8 Farmers' Rights in the Pacific Rim: Plant Breeders' Rights, Agricultural Patents, and the Trans-Pacific Partnership

Chapter 9 The Trans-Pacific Partnership and Access to Essential Medicines: Patent Law, Public Health, and Pandemics

Chapter 10 The Trans-Pacific Partnership and Biotechnology: Intellectual Property, Gene Patents, and Biologics

PART FIVE TRADE SECRETS

Chapter 11 Secret Trade and Trade Secrets: The Trans-Pacific Partnership, Confidential Information, and Computer Crimes

PART SIX THE ENVIRONMENT, CLIMATE CHANGE, AND INDIGENOUS RIGHTS

Chapter 12 Greenwashing the Trans-Pacific Partnership: Trade and the Environment in the Pacific Rim

Chapter 13 Two Solitudes: Climate Change and Trade in the Context of the Trans-Pacific Partnership

Chapter 14 The Imperialism of the Trans-Pacific Partnership: First Nations, Traditional Knowledge, and Indigenous Intellectual Property

CONCLUSION

A Progressive Vision for the Pacific Rim: Intellectual Property, Trade, and Sustainable Development

Keywords: Trans-Pacific Partnership, intellectual property, electronic commerce, investor-state dispute settlement, international trade, international law, copyright law, trademark law, patent law, trade secrets, plant breeders' rights, access to genetic resources, Indigenous intellectual property

Keywords: Trans-Pacific Partnership, Intellectual Property, Electronic Commerce, Investor-State Dispute Settlement, International Trade, International Law, Copyright Law, Trademark Law, Patent Law, Trade Secrets, Plant Breeders’ Rights

JEL Classification: K00, K33

Suggested Citation

Rimmer, Matthew, The Trans-Pacific Partnership: Intellectual Property and Trade in the Pacific Rim (August 21, 2020). Cheltenham and Northampton (MA): Edward Elgar Publishing, 2020-1. , Available at SSRN: https://ssrn.com/abstract=3678407

Matthew Rimmer (Contact Author)

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

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