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Article
The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement
American University International Law Review
  • Sean Flynn, American University Washington College of Law
  • Brook Baker
  • Margot Kaminski
  • Jimmy Koo
Document Type
Article
Publication Date
1-1-2012
Journal

American University International Law Review

Abstract

This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests of rights holders and the public. It would heighten standards of protection for rights holders well beyond that which the best available evidence or inclusive democratic processes support. It contains insufficient balancing provisions for users, consumers, and the public interest.

Citation Information
Sean Flynn, Brook Baker, Margot Kaminski and Jimmy Koo. "The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement" American University International Law Review Vol. 28 Iss. 1 (2012)
Available at: http://works.bepress.com/sean_flynn/34/