As the U.S. enters a new round of TPP negotiations this week, it is being asked to initiate a formal trade dispute with one of the other countries at the negotiating table.
Inside U.S. Trade reports that Senator Hatch has asked the Obama Administration to initiate dispute settlement proceedings against Chile for violations of the intellectual property obligations in its FTA with the U.S. In a February 16, letter he complained of “flagrant abuses” of the obligations, and argued that “absent the threat of formal dispute settlement and potential sanctions, the Chilean government may lack the will and ability to adequately address the outstanding issues relating to intellectual property rights.”
Click here for Sen. Hatch’s letter to U.S. Trade Representative Ron Kirk
The Inside U.S Trade story notes that industry groups have outlined their top complaints against Chile in their recent Special 301 filings to USTR. The PhRMA submission highlighted concerns related to data exclusivity and the ability of Chile’s “linkage” system to allow branded drug firms to challenge generic competitors before the latter wins regulatory approval. The IIPA submission argued that Chile has not yet implemented a system to hold Internet Service Providers liable for infringing material posted by users, nor has it implemented the TPM requirements in the agreement.
