Wikileaks released the Intellectual Property Rights documents of the TPP on October 9, 2015. Below is a series of my personal reflections on certain articles in that document.
Article QQ.A.9.
"In respect of all categories of intellectual property covered in this Chapter, each Party shall accord to nationals of the other Party treatment no less favorable than it accords to its own nationals with regard to the protection of such intellectual property rights."
Comment
Governments would have to apply the same intellectual property right laws and regulations to both domestic and foreign corporations. One question is how these corporations are going to be taxed. For example, if a U.S.-based internet search engine company - call it "G" - outcompetes local search engine companies in Japan - call them "Y" and "L" - then would G still be paying taxes to the U.S., or would it have to pay taxes in Japan?
"In respect of all categories of intellectual property covered in this Chapter, each Party shall accord to nationals of the other Party treatment no less favorable than it accords to its own nationals with regard to the protection of such intellectual property rights."
Comment
Governments would have to apply the same intellectual property right laws and regulations to both domestic and foreign corporations. One question is how these corporations are going to be taxed. For example, if a U.S.-based internet search engine company - call it "G" - outcompetes local search engine companies in Japan - call them "Y" and "L" - then would G still be paying taxes to the U.S., or would it have to pay taxes in Japan?
Article QQ. A. 10.
"[E]ach Party shall endeavor to make available on the Internet its laws, regulations, procedures and administrative rulings of general application concerning the protection and enforcement of intellectual property rights."
"Each Party shall, subject to its national law, endeavor to make available on the Internet information that it makes public concerning applications for trademarks, geographical indications, designs, patents and plant variety rights."
"Each Party shall, subject to its national law, make available on the Internet information that it makes public concerning registered or granted trademarks, geographical indications, designs, patents and plant variety rights, sufficient to enable the public to become acquainted with the registration or granted rights."
Comment
Basically, this allows corporations to look at a "menu" of different nations and see where to go next in order to make the most profit. This article makes it easier for multinationals such as Monsanto to seek out loopholes in intellectual property right laws.
Article QQ. B. 3.
"The Parties recognize the importance of improving quality and efficiency in their patent registration systems and simplifying and streamlining their patent office procedures and processes for the benefit of all users of the system and the public as a whole."
Comment
Nation-states are obliged to make it easier for corporations to obtain patents, and moreover to allow the latter to obtain them faster. Increase in speed and facility is key to increasing profit.
Article QQ. B. 3.
"In order to reduce the complexity and cost of obtaining the grant of a patent, the Parties shall endeavor to cooperate to reduce differences in the procedures and processes of their respective patent offices."
Comment
Again, if patent-related procedures are homogenized around the world, it would make it easier and faster for corporations to apply for and obtain new patents and enter into the markets of foreign countries at a faster pace.
Article QQ. E. 1.
"[E]ach Party confirms that patents are available for inventions claimed as at least one of the following: new uses of a known product, new methods of using a known product, or new processes of using a known product."
Comment
Comment
Again, if patent-related procedures are homogenized around the world, it would make it easier and faster for corporations to apply for and obtain new patents and enter into the markets of foreign countries at a faster pace.
Article QQ. E. 1.
"[E]ach Party confirms that patents are available for inventions claimed as at least one of the following: new uses of a known product, new methods of using a known product, or new processes of using a known product."
Comment
This seems to broaden the scope of patentable intellectual property rights significantly. For example, if a food crop is found to have medicinal properties, then a medical corporation can patent that crop as a medicinal crop, and the patent holder of that crop as a food crop would not be able to sell that crop as a medicinal crop without violating the intellectual property rights of said medical corporation.
(up to p.38)
(up to p.38)
