1. The TPP is a controversial free trade
agreement which is presently being negotiated between Australia, Brunei, Chile,
Canada, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the US and
Vietnam.
2. The TPP is ostensibly about emerging trade
issues, but the negotiations have been criticised for their secrecy and the
expansive scope of the agreement.
Anti-globalisation advocates accuse the TPP of going far beyond tariff
reduction and trade promotion, giving unprecedented power to corporations.
3.
The present draft of the TPP was recently leaked. It is clear that the TPP builds on many of
the principles of the TRIPS agreement, and thus has provisions for creating and
enforcing IP rights.
4. There are concerns that the IP provisions of
the TPP are particularly restrictive, particularly in regard to internet
freedom and access to medicines.
5. The US and Japan are opposing articles
relating to preventing abuse of IP rights which leads to restraint of either trade
or technology transfer.
6.
The US and Japan also oppose proposals to take into account the different
levels of economic development and capacity in different countries when
considering enforcement of IP rights.
7. Public health is also a controversial area
with the US opposing measures that assist in promoting access to medicines.
8. There are proposals for establishing international
exhaustion of rights which are being opposed by Australia, Japan, Mexico and
the US.
9.
The TPP also proposes to establish a normative ground for the public domain,
recognising the importance of a rich and accessible public domain.
10. Many of the criticisms of the TPP have also
been levelled at the Transatlantic Free Trade Area (TAFTA) which is a proposed
agreement between the European Union and the US.
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