RCEP & intellectual property
An analysis of the leaked IP chapter proposed for the RCEP shows that Japan and South Korea are proposing intellectual property (IP) provisions referred to as TRIPS-plus, which go far beyond the obligations under the World Trade Organisation’s Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).
The proposed provisions seek to extend pharmaceutical corporations’ patent terms beyond the usual 20 years and also would require data exclusivity that limits competition. Such provisions are a cause for great concern among public health groups over their potential adverse impact on access to affordable medicines.
RCEP also treats IP as an investment made by investor corporations, allowing private investment disputes (ISDS) to be raised against the host country whenever there is a threat to their IP. Treating IP as an investment, and subjecting it to treaty arbitration, can have undesirable impacts on the hard-bargained flexibilities in IP laws and on public health safeguards that countries like India have earned over the years.
Further, civil society groups have expressed concern about the copyright protection standards proposed under the RCEP IP Chapter which could stifle creativity and free speech.
The leaked IP chapter also pushes for accession by all RCEP member states to the 1991 Act of the International Convention for the Protection of New Varieties of Plants (UPOV 1991), to which only seven of the RCEP negotiating countries are already member. UPOV 1991 provides monopoly rights to plant breeder rights at the cost of farmers’ rights, making it illegal for farmers to save seeds of protected vartieties.
Data exclusivity provisions in the IP chapter may extend the patent protection periods of agrochemical products as well, putting upward pressure on food prices.
RCEP governments must recall their international, regional and national commitments to respect, protect and fulfill the right to health including the right to access affordable medicines. In their quest for greater economic integration, RCEP negotiating countries must not put the lives and health of millions of people in the Asia-Pacific region at risk.
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11-Aug-2019 Knowledge Commons
Administrative enforcement of IP: Lessons of KORUS for RCEP
KORUS grants a power to the customs authorities to suspend release of suspected counterfeit or pirated goods into free circulation when a right holder requests to do so with “adequate evidence”. -
11-Aug-2019
Why TRIPS-plus IPR enforcement is bad: Lessons of KORUS for RCEP
One of the main purposes of the US in bilateral negotiation is to level up the enforcement of IPRs, especially enhanced enforcement provisions that the US sought but failed in achieving at the TRIPS negotiation. -
11-Aug-2019 Knowledge Commons
Civil enforcement of IPR: Lessons of KORUS for RCEP
The provisions for civil enforcement are to ensure to the maximum extent the economic interests of IP holders. For the full compensation for them, KORUS intervenes the way to calculate the amount of damages. -
11-Aug-2019 Knowledge Commune
Criminal enforcement of copyright and unintended consequences: Lessons of KORUS for RCEP
Soon after the signing of the Korea-US FTA (“KORUS”) in June 2007, South Korea experienced a dramatic increase of complaints of copyright crime from 2007. -
1-Aug-2019 Indian Coordination Committee of Farmers’ Movements
Keep agriculture and dairy out of RCEP negotiations, farmers’ body tells government
The RCEP will destroy farm livelihoods especially in the domestic dairy sector. -
3-Jul-2019 Make Medicines Affordable
Old wine in new bottles: Keep TRIPS-plus provisions out of the RCEP FTA!
Intellectual property barriers, which would hinder access to affordable medicines, have supposedly been removed from the draft RCEP free-trade agreement (FTA). -
2-Jul-2019 The Times of India
India protects drug, agriculture business at RCEP
Three harmful provisions concerning pharmaceuticals and agriculture which were part of the RCEP have been withdrawn. -
25-Jun-2019 FTA Watch
Thai CSOs’ proposition against IP enforcement in the RCEP negotiation
FTA Watch would like to urge the Thai negotiation team for the RCEP to have a strong position to reject proposals on Intellectual Property Enforcement chapter. -
13-May-2019 The Wire
PepsiCo controversy: Globally, India has always refused to give in on IPR on plant varieties
The struggle for farmers’ rights over their seeds and planting materials is not playing out only in India – it’s a global phenomena. -
12-May-2019 The Diplomat
Is Indonesia’s IPR Framework incompatible with RCEP?
On intellectual property rights, there’s a serious gap between domestic Indonesian law and the structures of the proposed RCEP -
15-Mar-2019 The Wire
Investment protection proposals under RCEP threaten India’s pharma industry
Free trade agreements like the RCEP will infringe on India’s intellectual property laws. India must stand its ground in the interest of public health. -
4-Mar-2019 The Hindu Business Line
RCEP talks: Farmers, civil society bodies warn against obligations on patenting seeds, plant varieties
Farmer and CSOs stressing that India should not agree to obligations with respect to IP on seed and planting materials at the RCEP negotiations as it hurt the livelihood of poor farmers. -
27-Feb-2019
Philippine civil society letter on RCEP & plant variety protection
The undersigned signatories are writing to strongly stress that the Regional Comprehensive Economic Partnership negotiations must not place any obligation on the Philippines or any other developing country to join or implement UPOV systems -
27-Feb-2019
Malaysian civil society & farmer groups’ memorandum on RCEP & plant variety protection
RCEP negotiations must not include obligation to join or implement UPOV systems and in anyway undermine farmers’ rights -
25-Feb-2019 Forum against FTAs
Sign-on letter from India against IPR on seed
A mega free trade agreement, like RCEP that undermines farmers’ seed freedoms in a mega diverse country, with seed diversity and farmers’ knowledge is unacceptable, say over 50 groups and citizens -
26-Nov-2018 The Diplomat
Indonesia and RCEP: Beware the public health risks
Proposals from Japan and South Korea would require patent law changes in several RCEP countries, including Indonesia. -
12-Nov-2018 Don’t trade our lives away
RCEP and affordable medicines: Civil society reaches out to Minister of Commerce Suresh Prabhu
Civil society organisations, patient groups and health activists have been concerned about intellectual property provisions being discussed in RCEP which undermine access to medicines and affordable treatment for patients -
9-Oct-2018 European Pharmaceutical Manufacturer
Trade and patent changes could increase healthcare costs by $100bn, CPHI annual report warns
Patients may need to wait an extra five or 10 years to access generic medicines, which could raise healthcare costs by as $100 billion over the next five years, according to the latest CPhI annual report -
5-Sep-2018 Financial Express
RCEP talks: India manages major breakthrough
New Delhi won’t not take additional commitment on intellectual property rights beyond the TRIPS agreement it has already accepted at the WTO; investor-state dispute settlement (ISDS) mechanism only for limited sectors. -
2-Aug-2018 Asia Times
Dozens of grassroots groups want changes to ‘secret’ trade pact
While some states in East and Southeast Asia favor the 16-nation RCEP trade deal, many civil society groups say it lacks transparency and public participation.
RCEP resistance
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2-Aug-2019 Koalisi Masyarakat Sipil untuk Keadilan Ekonomi
Mekanisme sengketa investasi dalam RCEP menghilangkan perlindungan hak rakyat dari kesewenangan investor
Organisasi masyarakat sipil Indonesia mendesak Pemerintah Indonesia untuk tidak menandatangani Perjanjian RCEP karena mekanisme sengketa investasi yang diatur di dalamnya hanya akan melindungi kepentingan investor. -
2-Aug-2019 GRAIN
El acuerdo comercial RCEP intensificará el acaparamiento de tierras en Asia
El RCEP no sólo cambiará las reglas sobre la exportación e importación de bienes y servicios; cambiará la forma en que los gobiernos deciden sobre los derechos de tierras y quiénes tienen acceso a ellos. -
1-Aug-2019 Occupy FTA
Trade Minister of South Korea should not undermine the ISDS reform objectives pursued by the Prime Minister
CSOs call for Trade Minister of South Korea should not undermine the ISDS reform objectives pursued by the Prime Minister -
1-Aug-2019 Indian Coordination Committee of Farmers’ Movements
Keep agriculture and dairy out of RCEP negotiations, farmers’ body tells government
The RCEP will destroy farm livelihoods especially in the domestic dairy sector. -
31-Jul-2019 GRAIN
L’accord commercial du RCEP va intensifier l’accaparement de terres en Asie
Le méga-accord commercial de la RCEP changera la façon dont les gouvernements décident des droits fonciers et des personnes qui y ont accès. Il a le potentiel d’accroître l’accaparement des terres dans toute l’Asie. -
12-Jul-2019 GRAIN
RCEP trade deal will intensify land grabbing in Asia
The RCEP mega-trade agreement if adopted will change how governments decide on rights to land and who has access to it. Therefore, it has the potential to increase land grabbing across Asia – already a huge problem in this region. -
10-Jul-2019 Friends of the Earth International
Les multinationales ont ‘récupéré la justice’
Le Partenariat économique régional global saperait les protections écologiques en Asie. -
9-Jul-2019 Devex
Civil society criticizes secretive Asia-Pacific free trade negotiations
CSOs and other observers of the trade agreement have needed to rely on leaked 2015 documents to get a picture of what was on the table for discussion and whether there were protections offered to vulnerable communities and the environment.
