The Trans-Pacific Partnership and the Path to Free Trade in the Asia-Pacific
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The Trans-Pacific Partnership and the Path to Free Trade in the Asia-Pacific

Edited by Peter C.Y. Chow

Mega-regionalism in the Asia Pacific has led to the formation of several emerging trade blocs, including the Trans-Pacific Partnership. This book, in addition to the examination of trade policies in the region, offers a comprehensive analysis of ongoing developments such as the impact of new members on the incumbent TPP-12 and its spillover to third parties, as well an objective study of the crucial issues of liberalization of agriculture, pharmaceuticals, and intellectual property rights.
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Chapter 11: The case for flexible intellectual property protections in the TPP: how can the US do it correctly?

Ching-Yi Liu

Abstract

The author analyzes the flexibility of intellectual property (IP) rights protection under the Tyrans-Pacific partnership (TPP), based on an advanced version of the TPP IP Chapter. He shows how the United States has been aggressively seeking stronger and less flexible IP right provisions than those included in existing international IP agreements, and argues that accepting higher standards of IP protections may not only be unnecessary in promoting investment and economic growth, but can also result in negative impacts on development due to price increases. Similarly, the unwillingness of the TPP members to truly balance public health needs with an aggressive patent agenda also puts the future of the TPP at risk. He argues that the TPP should pursue unreasonable “TRIPS-plus” (Trade-Related Aspects of Intellectual Property Rights) provisions and should balance the public interests of the TPP economies with IP protection.

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