U.S. Withdrawal from TPP Impact on Intellectual Property; Inside Counsel, March 3, 2017

Amanda Ciccatelli, Inside Counsel; 

U.S. Withdrawal from TPP Impact on Intellectual Property

"Further, the U.S. withdrawal from the TPP may have major global implications for IP rights. As the TPP was being negotiated, the Regional Comprehensive Economic Partnership (RCEP) was slowly progressing in the background. The RCEP is a Chinese- and Indian-led alternative to TPP that includes all seven of the Asian and Oceanic states in TPP, plus South Korea, Laos, Myanmar, Indonesia, the Philippines, Thailand, and Cambodia. 

“But the RCEP is almost certain to provide less protection for IP rights – especially pharmaceutical patent rights – than the TPP would have,” Rich said. “India and China are traditionally hostile to strong pharmaceutical patent protections of the type found under U.S. law, calling such patent protections ‘evergreening.’ “So, the rejection of the TPP is likely to allow an alternative, less protective paradigm for international IP rights to arise in its place.”"

Law Professors Address RCEP Negotiators on Copyright; Electronic Frontier Foundation (EFF, February 24, 2017

Jeremy Malcolm, Electronic Frontier Foundation (EFF); 

Law Professors Address RCEP Negotiators on Copyright

"Next week the latest round of secret negotiations of the Regional Comprehensive Economic Partnership (RCEP) kicks off in Kobe, Japan. Once the shy younger sibling of the Trans-Pacific Partnership (TPP), the recent death of the TPP has thrust RCEP further into the spotlight, and raised the stakes both for its sixteen prospective parties, and for lobbyists with designs to stamp their own mark on the text's intellectual property and e-commerce chapters.

Our last analysis of RCEP pointed out some of the ways in which the then-current leaked text represented an improvement on the TPP, but how other parts of it—including those on copyright enforcement—repeated its mistakes and failed to seize opportunities for improvement. This week, over 60 copyright scholars released an open letter that sets out their views of what negotiators ought to do in order to address these problems...

The RCEP negotiators evidently haven't taken the failure of the TPP to heart, or they would be doing more to ensure that their negotiations are inclusive, transparent, and strike a fair balance between the interests of copyright owners and those of the public."