The case for flexible intellectual property protections in the TPP: how can the US do it correctly?

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.