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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.


Regional trade meet should not pave way for monopoly in drugs: Doctors without Borders
Doctors Without Borders/Medecins Sans Frontieres (MSF) and other health groups have reiterated concerns about harmful intellectual property provisions in the RCEP
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Sign-on letter from India against IPR on seed
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People Over Profit Statement on the 17th Round of Negotiations of the Regional Comprehensive Economic Partnership (RCEP) in Kobe, Japan 27 Feb-3 March 2017
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RCEP magnifies existing inequalities and discriminates against women, indigenous peoples, people living with HIV or other illnesses, people with disabilities,rural communities, farmers and workers
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FTA Watch would like to urge the Thai negotiation team for the RCEP to have a strong position to reject proposals on Intellectual Property Enforcement chapter.
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Affordable generics have transformed medical treatment, yet intellectual property provisions in a China-led regional trade deal could block access to life-saving drugs for millions in Africa and Asia
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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.
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
TPP is dead, but its legacy lives on
The Trans-Pacific Partnership was dead long before Donald Trump signed his executive order. But its damaging aspects, like stringent IP provisions, have just migrated to other agreements
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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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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Trade ministers of the 16-nation RCEP grouping will meet in Bangkok on October 10-12, in what could be the last ministerial before a potential deal is sealed in November.
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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.
Treating intellectual property as an investment, and subjecting it to treaty arbitration, can have undesirable impact
Free trade agreements tend to treat intellectual property as an investment made by investor corporations, allowing private investment disputes to be raised against the host country.
Update on the Regional Comprehensive Economic Partnership agreement – NGO briefing
While RCEP was initially framed as an agreement that would be more flexible for low and middle income countries, there is evidence that some governments from industrialised countries are seeking to pursue aspects which would be very damaging for developing countries.
USTR launches review of IP in Thailand after reported improvements on enforcement
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