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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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. -
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. -
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. -
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 -
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. -
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. -
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. -
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 -
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 -
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 -
17-Oct-2017 The Diplomat
5 hidden costs of the RCEP to people and planet
The RCEP has hidden costs for people’s lives -
14-Oct-2017 APWLD
RCEP: Robbing communities to extract profit
RCEP will give multinational corporations unprecedented rights -
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. -
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 -
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).
RCEP resistance
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19-Nov-2018
Statement of opposition to the Regional Comprehensive Economic Partnership at the 4th global people’s health assembly, Savar Bangladesh, 15-19 November
We condemn the secretly negotiated Regional Comprehensive Economic Partnership (RCEP) which will erode people’s sovereignty and undermine health equity. -
19-Sep-2018 La Via Campesina South Asia
Indian farmers reject RCEP trade agreement, plan major national level agitations
Two major farmers protests are planned in New Delhi on 2 October and 30 November and RCEP will be high on the agenda. -
30-Jul-2018 IGJ
IGJ Sampaikan Sejumlah Catatan Merah dalam Perundingan RCEP
Direktur Eksekutif Indonesia for Global Justice (IGJ) Rachmi Hertanti menyampaikan beberapa catatan merah yang harus diperhatikan oleh negosiator terkait dengan bab investasi pada perundingan RCEP ke-23 di Bangkok, Thailand, diantaranya soal ISDS, performance requirements dan export taxes. -
26-Jul-2018 Peoples Dispatch
RCEP: People’s movements resist free trade agreement
Organizations across the Asia Pacific region have come together to oppose the secrecy surrounding the negotiations for the Regional Comprehensive Economic Partnership.
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25-Jul-2018 IGJ
Oral Statement: Indonesia for Global Justice (IGJ) for the 23rd round RCEP negotiation, Bangkok, Thailand, July 23rd, 2018
Redlines for investment provision in RCEP negotiation -
25-Jul-2018 La Via Campesina
RCEP negotiation must stop, demands Assembly of the Poor, Thailand
Free trade negotiation never benefits the poor. But it gives opportunities for the capitalist transnational corporations to control and dictate the food and agriculture systems absolutely. -
23-Jul-2018 Peoples Dispatch
Activists gather in Bangkok to discuss countering RCEP
The deal is likely to deal a huge blow to the less developed countries in the Asia-Pacific region and benefit big corporations and the richer countries. -
20-Jul-2018 APWLD
Peoples movements reject the Regional Comprehensive Economic Partnership (RCEP)
More than 80 participants representing trade union, farmers, indigenous peoples, health and patients networks, women’s organisations, academia and civil society organisations from the region have gathered in Thailand on the sidelines of the 23rd round of RCEP negotiations.
