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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  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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  14-Oct-2017 APWLD

  RCEP: Robbing communities to extract profit

  RCEP will give multinational corporations unprecedented rights
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  18-Sep-2017 IP Watch

  USTR launches review of IP in Thailand after reported improvements on enforcement

  “I’d be concerned that USTR is pressuring Thailand to take pro-pharma positions on the RCEP and TPP,” Knowledge Ecology International Executive Director James Love said.
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  21-Aug-2017 Governance Now

  Big pharma, IP wars and profit over people

  At RCEP negotiations held in India, intellectual property rights issues in medicine remain contentious
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  15-Aug-2017 bilaterals.org

  Entrevista con Loon Gangte

  Loon Gangte es un activista de la India que vive con VIH y hepatitis C. Es el fundador del Delhi Network of Positive People [una red de personas seropositivas en Dehli].
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  15-Aug-2017 bilaterals.org

  Interview de Loon Gangte

  Loon Gangte est un militant indien atteint du VIH et de l’hépatite C. Il est le fondateur du Delhi Network of Positive People (un réseau de personnes séropositives à Delhi).
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  4-Aug-2017 bilaterals.org

  Interview with Loon Gangte

  Loon Gangte is an Indian activist living with HIV and hepatitis C, founder of the Delhi Network of Positive People.
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  2-Aug-2017 DNA

  Medicines in India likely to be costlier due to RCEP trade pact

  However, the key issues holding the final text of these negotiations don’t seem to be getting resolved.
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  1-Aug-2017 The Wire

  New Zealand negotiator at Asia trade pact talks says countries should analyse TRIPS-Plus

  The negotiator’s comments were non-committal but indicated that for now, the RCEP talks have not yet moved decisively into a TRIPS-plus scenario.
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  28-Jul-2017 Live Law

  RCEP IP chapter: A serious threat to access to knowledge/cultural goods?

  RCEP stands to adversely affect nearly half of the world’s population on areas like access to knowledge and access to medicines. We would like to highlight five issues related to access to knowledge/cultural goods, based on the leaked IP chapter.
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  24-Jul-2017 Asian Tribune

  ASEAN Parliamentarians call for a focus on rights in regional trade talks

  Officials from ASEAN member states and other countries meeting in India this week for negotiations on the Regional Comprehensive Economic Partnership (RCEP) should take steps to ensure that the trade deal safeguards human rights, Southeast Asian lawmakers said today.
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  17-Jul-2017 Deccan Herald

  Trading health through IPR, patents

  Trade agreements between countries have a perceivable impact on access to medicines as a result of changes in patent and other national laws in different countries.

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