The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement

Flynn, Sean; Baker, Brook K.; Kaminski, Margot E.; Koo, Jimmy

doi:10.2139/ssrn.2185402

Cited by 24 publications

(18 citation statements)

References 9 publications

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“…They can limit access to affordable medicines and shape other domestic health and social policies by allowing private investors to challenge public laws in nondomestic fora (36). Compounding these concerns is the fact that not all regional FTAs include the WTO exception provisions, which allow member states to implement policies that protect human and environmental health (3,35).…”

Section: The Evolving Trade Landscape the Twentieth-century Trade Tramentioning

confidence: 99%

Trade Policy and Public Health

Friel

Hattersley

Townsend

2015

Annu. Rev. Public Health

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Twenty-first-century trade policy is complex and affects society and population health in direct and indirect ways. Without doubt, trade policy influences the distribution of power, money, and resources between and within countries, which in turn affects the natural environment; people's daily living conditions; and the local availability, quality, affordability, and desirability of products (e.g., food, tobacco, alcohol, and health care); it also affects individuals' enjoyment of the highest attainable standard of health. In this article, we provide an overview of the modern global trade environment, illustrate the pathways between trade and health, and explore the emerging twenty-first-century trade policy landscape and its implications for health and health equity. We conclude with a call for more interdisciplinary research that embraces complexity theory and systems science as well as the political economy of health and that includes monitoring and evaluation of the impact of trade agreements on health.

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Section: The Evolving Trade Landscape the Twentieth-century Trade Tramentioning

confidence: 99%

Trade Policy and Public Health

Friel

Hattersley

Townsend

2015

Annu. Rev. Public Health

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“…Internal US legislation maintains a minimal balance between the interests of users and owners, maintaining important rights such as fair use. However, in international negotiations, the USA has emphasised the interests of rights holders only (Flynn 2012).…”

Section: The Us Maximalist Agenda and The Enforcement Of Iprmentioning

confidence: 99%

South-South Collaboration for an Intellectual Property Rights Flexibilities Agenda

Menezes¹

2018

Contexto int.

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This article analyses South-South initiatives for building an intellectual property (IP) flexibilities agenda, highlighting the particularities in this specific area of international relations as well as the difficulties encountered in building a common position. I start by outlining the changes and transformational dynamics in the international regime for the protection of IP, and examining how these changes, notably the proliferation of TRIPS-plus rules through preferential agreements, affect developing countries. Next, I examine the development of South-South collaboration as a strategic option for maintaining the policy space developing countries need to develop legal frameworks attuned to their specific needs and interests, and for building norms that strengthen IP flexibilities. I conclude that a strong and more purposeful response by countries like Brazil, India and China has been difficult to achieve for several reasons: i) the diversity of forms of protection included in the international negotiations; ii) the multiplicity of areas and public policies affected by IP regulations; and iii) domestic economic changes in developing countries.

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“…It should be mentioned that the text of the new agreement incorporates almost completely the text of the old TPP Agreement (it is included in the CPTPP Agreement by reference), aside from 22 suspended provisions that mostly concern intellectual property rights, cross border trade in services and investments. According to some experts, it was these provisions that were promoted by the USA at the stage of negotiation of the initial text of the TPP Agreement [Flynn et al 2013:…”

Section: Introductionmentioning

confidence: 99%