U.S. Withdrawal from TPP Impact on Intellectual Property; Inside Counsel, March 3, 2017

Amanda Ciccatelli, Inside Counsel; 

U.S. Withdrawal from TPP Impact on Intellectual Property

"Further, the U.S. withdrawal from the TPP may have major global implications for IP rights. As the TPP was being negotiated, the Regional Comprehensive Economic Partnership (RCEP) was slowly progressing in the background. The RCEP is a Chinese- and Indian-led alternative to TPP that includes all seven of the Asian and Oceanic states in TPP, plus South Korea, Laos, Myanmar, Indonesia, the Philippines, Thailand, and Cambodia. 

“But the RCEP is almost certain to provide less protection for IP rights – especially pharmaceutical patent rights – than the TPP would have,” Rich said. “India and China are traditionally hostile to strong pharmaceutical patent protections of the type found under U.S. law, calling such patent protections ‘evergreening.’ “So, the rejection of the TPP is likely to allow an alternative, less protective paradigm for international IP rights to arise in its place.”"