The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement

Authors

Sean Flynn, American University Washington College of LawFollow
Brook Baker
Margot Kaminski
Jimmy Koo

Document Type

Article

Publication Date

2012

Journal

American University International Law Review

Volume

28

Issue

1

Abstract

This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests of rights holders and the public. It would heighten standards of protection for rights holders well beyond that which the best available evidence or inclusive democratic processes support. It contains insufficient balancing provisions for users, consumers, and the public interest.

Recommended Citation

Sean Flynn, Brook Baker, Margot Kaminski & Jimmy Koo, The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement, 28 American University International Law Review (2012).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/1340