[Burcu Kilic and Tamir Israel] For those catching up on the Trans-Pacific Partnership (TPP) text, here is the analysis of the e-commerce chapter we sent around. It is a joint publication of Public Citizen and Canadian Internet Policy & Public Interest Clinic (CIPPIC) at the University of Ottawa Faculty of Law. The chapter sets rules that, if ratified, will shape the development of the digital economy for years to come. The clauses highlight the importance of e-commerce and of eliminating trade restrictions by expanding the legal use of e-commerce platforms, paperless trade administration, protecting users from abuse and damages, and removing ‘non-tariff barriers’.
Below is the introduction of an article written with Hannah Brennan and published April 10 by the Harvard Human Rights Journal. The full article is here.
On October 16, 2014, a new draft of the intellectual property chapter of the Trans-Pacific Partnership (TPP) was leaked. The TPP is a free trade agreement currently being negotiated in secret between the governments of Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States, and Vietnam. The intellectual property chapter released in October contains a plant-related intellectual property provision proposed by the United States and Japan that could pose a serious threat to food security within the lower-income parties to the TPP.
Below is the abstract from the full paper, coauthored with Hannah Brennan and Peter Maybarduk, which was published last week in the Yale Journal of International Law. The full paper is here.
On October 16, 2014, WikiLeaks released a complete draft of the Intellectual Property Chapter of the proposed Trans-Pacific Partnership Agreement (TPP). The TPP is a controversial free trade agreement being negotiated behind closed doors by officials from Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States, and Vietnam. The United States’ most recent proposals for the TPP’s intellectual property chapter would require the majority of the negotiating parties to significantly alter the scope of their intellectual property laws—changes that would raise drug and crop costs, therein restricting access to affordable medicines and foodstuffs. For those nations that have already aligned their domestic laws with the TPP’s intellectual property provisions, this agreement would further ossify detrimental standards. This feature examines one piece of the TPP’s intellectual property chapter: the text’s provisions on patentability requirements. We argue that the patentability requirements set forth in the TPP could seriously harm public health and local farming practices in the negotiating countries.
We invite participants of the combined 3rd Global Congress on IP and the Public Interest and Open A.I.R. Conference on Innovation and IP in Africa to submit their papers for a special issue of the African Journal for Science, Technology, Innovation and Development. The best papers presented and submitted at the Open A.I.R. Conference and Global Congress will be reviewed, and may be selected for publication.
The AJSTID (http://www.ajstid.com) is an interdisciplinary and refereed international journal on science, technology, innovation and development in Africa and other low-income countries. It has been established to highlight the crucial role of science, technology and innovation for development and to promote research on the contribution of knowledge creation and diffusion to development in Africa.
[Burcu Kilic and Luigi Palombi] Over the past few years, patent-eligible subject matter has become one of the hotly debated areas of patent law in several countries. Even in the U.S., the Supreme Court is beginning to express concerns about overly inclusive patent rules that stifle both competition and follow-on innovation. However, significant confusion persists over the difference between patent eligible subject matter and patentability requirements. Patent eligibility tests have proven quite difficult to apply, often leading to inconsistent and unpredictable results.