Thursday, May 22, 2014

IPRs under the TPP Agreement

Negotiations on the Trans-Pacific Partnership Agreement are shrouded in secrecy. A report for UNITAID (hosted and administered by the WHO), presents an interesting assessment of ‘leaked’ provisions from TPP’s ambitious IPR agenda:

The report confirms that the TPP IPR chapter essentially consolidates and enhances the reach of TRIPS-plus provisions. It further suggests that TPP’s wide-reaching provisions on patents, by tilting the scales both in terms of substance and procedure in favour of patent applicants, may pose a threat to addressing issues relating to public health.

India has so far successfully resisted TRIPS-plus approaches under its Free Trade Agreements. The UNITAID report could be a useful tool to enhance domestic preparedness to understand and deal with such provisions.

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