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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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RCEP - draft IP chapter (15 Oct 2015 version)
As published by KEI
RCEP: The other closed-door agreement to compromise users’ rights
A secretive trade agreement currently being negotiated behind closed doors could lay down new, inflexible copyright standards across the Asia-Pacific region. If you are thinking of the Trans-Pacific Partnership, think again—we’re talking about the lesser-known Regional Comprehensive Economic Partnership (RCEP). While RCEP doesn’t include the United States, it does include the two biggest Asian giants that the TPP omits—China and India.
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Australia’s stance in IP negotiations: ‘That didn’t work, let’s do it again.’
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Update on the Regional Comprehensive Economic Partnership agreement – NGO briefing
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MSF statement on RCEP trade negotiations in Kuala Lumpur
Doctors Without Borders/Médecins Sans Frontières (MSF) is calling for the removal of damaging intellectual property provisions in the Regional Comprehensive Economic Partnership (RCEP) that would risk locking in high drug prices.
RCEP - draft IP text from ASEAN (Oct 2014)
As published by KEI