ABSTRACT

The protection of intellectual property (IP), especially of patent rights and data for the pharmaceutical products, has been one of severe contestations of the Trans-Pacific Partnership (TPP), which jeopardised the completion of the whole negotiation. This chapter aims to clarify the structure and implication of IP-related contents of the TPP, completed through twists and turns. It points out the characteristics of IP-related contents of the TPP. The chapter analyses selected IP-related contents of the TPP and their subject matters, specifically the sections on general principles, cooperation, patent rights, copyright and related rights, enforcement, and final provisions on IP and investment. In principle, the TPP requires parties to accord to nationals of another party the same treatment it accords to its nationals regarding the protection of IP, with a few exceptions, including certain copyright and related rights.