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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  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.
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  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.
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  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
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  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
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  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
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  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.
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  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
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  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
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  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.
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  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.
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  20-Jul-2018 Bangkok Post

  Trade deals putting health at risk

  A leaked draft of the negotiating text has revealed some proposed harmful intellectual property provisions that could undermine access to price-lowering, generic medicines, and thus, life-saving treatment to millions of people.
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  6-Mar-2018 Electronic Frontier Foundation

  The post-TPP future of digital trade in Asia

  On March 8, trade representatives from eleven Pacific rim countries including Canada, Mexico, Japan, and Australia are expected to ratify the Trans-Pacific Partnership, now known as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The agreement has been slimmed down both in its content—22 items in the text have been suspended, including the bulk of the intellectual property chapter—and also in its membership, with the exclusion of the United States which had been the driver of those suspended provisions.
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  12-Feb-2018 East Asia Forum

  Tokyo’s drift towards intellectual property crusader

  Japan’s role in RCEP negotiations appears to have been shaped by its participation in the TPP. Japan is now championing for expanded intellectual property right provisions which may block access to affordable medicines
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  5-Feb-2018 Business Mirror

  RCEP talks in Indonesia focus on concessions, crafting of sensitive list

  As the Trans-Pacific Partnership (TPP) made significant headway in January, negotiating countries in the Regional Comprehensive Economic Partnership (RCEP) are pressured to conclude the trade deal, and they try to make progress in the ongoing talks in Indonesia.
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  5-Feb-2018 The Wire

  Delhi’s RCEP talks on intellectual property shouldn’t forget India’s role as ‘Pharmacy of the World’

  India must resist pressure from Japan and South Korea in RCEP for the elevated levels of intellectual property provisions and make sure the deal doesn’t limit the production of life-saving generic drugs in India and for many other developing countries of the world.
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  10-Jan-2018 Deccan Herald

  RCEP: India in a Catch-22

  India’s position in the RCEP is the most protectionist among all the member nations. India has been resisting demands from Korea & Japan on intellectual property clauses, and other nations on opening up markets.
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  25-Oct-2017 Livemint

  India to oppose anti-generics proposals at RCEP meet

  India firm in opposing proposals that could hinder global access to affordable generic drugs
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  25-Oct-2017 The Wire

  India will not cross red lines on generic drugs in RCEP, but stay vigilant, say officials

  Healthcare watchers are calling on India to resist RCEP
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  21-Oct-2017 MSF

  RCEP negotiations should not restrict global access to affordable medicines and vaccines

  RCEP negotiations should not restrict global access to affordable medicines and vaccines
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  17-Oct-2017 The Diplomat

  5 hidden costs of the RCEP to people and planet

  The RCEP has hidden costs for people’s lives

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