[Ip-health] KEI Tweets on TPP IP Chapter

Elizabeth Rajasingh elizabeth.rajasingh at keionline.org
Fri Oct 9 10:26:55 PDT 2015


On 9 October 2015, Wikileaks released the final text of the IP chapter in
the Trans-Pacific Partnership. Jamie Love provided comments via twitter.


Updated: 9 October 2015
(In the order posted)

Wikileaks has the October 5, 2015 version of the #TPP IP Chapter.

#TPP patents on [at least one] "new uses of a known product, new methods of
using a known product, or new processes of using a known product
Good news. "nothing in this Chapter limits a Party’s rights and obligations
under Article 31 of the TRIPS Agreement" #TPP

#TPP: If unreasonable delays in issuance of patents, adjust the term of the
patent to compensate for such delays

#TPP: an unreasonable delay is more than five years from the date of filing
of the patent application

#TPP. compensate patent owner for unreasonable curtailment of the effective
patent term as result of delays in marketing approval for drugs

#TPP: Party may make available additional sui generis protection to
compensate for unreasonable curtailment of effective patent term

#TPP drug test data monopoly is 5 years from date of marketing approval
territory of the Party

#TPP, the test data monopoly is 5 years for new products, and 3 years for
new indications.

#TPP language on exceptions to the test data monopoly is a reference to the
WTO 2001 Doha Declaration (which does not deal with test data)

For biologic drug test data, #TPP members either grant 8 years, or deliver
a "comparable outcome in the market" through "other measures...

#TPP Basic minimum copyright term is "life of the author and 70 years after
the author’s death"

#TPP copyright 3-step test includes helplful Article QQ.G.16(b)

#TPP 3-step test "neither reduces nor extends" exceptions permitted by

#TPP: "Each Party shall endeavor to achieve an appropriate balance in its
copyright and related rights system"

#TPP, give consideration to copyright exceptions for: criticism; comment;
news reporting; teaching, scholarship, research, blind, etc.

Major #TPP f*ck up. No exceptions for high standards for damages for
infringement. Article QQ.H.4.4. Nukes Orphan works, several US laws

Depending upon #ISDS interpretation, #TPP injunctions language maybe not
too f*cked up, but who knows.

Special #TPP provisions on copyright damages completely nuke June 2015
Register of Copyright proposal for orphan works.

Australia FAQ: Will the Intellectual Property Chapter of the #TPP be
subject to investor-state dispute settlement? No.

USTR telling Congress, and Australia echoing that ISDS does not apply to
#TPP IP chapter. Incredible carve-out if true.

#TPP criminal sanctions for copyright infringement on commercial scale,
even when not carried out for commercial advantage or financial gain

The article on the copyright term in the #tpp includes 4 footnotes.

#TPP Footnote 79. nothing prevents promoting certainty for legitimate use,
exploitation of works during terms of copyright protection

The notion put forth by AU and USTR that the entire #TPP IP chapter is not
subject to #ISDS needs to be verified.

Earlier versions of #TPP investment chapter say that IP is covered asset,
but provided limited #ISDS carve-out for exceptions to rights.

Earlier #ISDS carve-out limited to revocation, limitation, creation of
intellectual property rights, to extent consistent with #TPP & TRIPS
Elizabeth Rajasingh
Perls Research and Policy Fellow, Knowledge Ecology International
1621 Connecticut Ave. NW, Suite 500
Washington, DC 20009
*elizabeth.rajasingh at keionline.org <elizabeth.rajasingh at keionline.org>* |

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