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.
-
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. -
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
RCEP resistance
-
2-May-2019 Indybay
Women’s rights vs corporate rights
The Regional Comprehensive Economic Partnership, known as ’RCEP,’ is a huge free trade agreement with potentially dire consequences for millions of women around the world. -
24-Apr-2019 Malaysia Kini
RCEP - trade unions seek consultation by the government
Trade union representatives seek meaningful consultation by the government in the negotiations of the Regional Comprehensive Economic Partnership Agreement or RCEP. -
19-Mar-2019 Forum against FTAs
Manifesto for trade justice
We need an alternative regional approach, not only in South Asia but the Asia Pacific region, which does not push so- called ‘free trade’ and investors’ rights at the cost of lives and livelihoods of people, and the life of the planet. -
8-Mar-2019 Via Campesina
India: Peasant movements to scrutinise and expose the dangers of RCEP trade agreement
Several prominent peasant movements in India are holding a ‘National level consultation on the Impact of RCEP and other tree trade agreements on farmers and farming in India’ on 13th March in New Delhi. -
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 People Over Profit
Indonesian women’s group reject RCEP
Intervention from Retno Dewi of Indonesian women’s organization SERUNI during the RCEP Stakeholders Consultation for the 25th RCEP TNC Meeting in Westin Hotel, Bali, Indonesia.
-
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
