ABSTRACT

The fairness of Intellectual Property Rights’ (IPR) provisions in the Trans Pacific Partnership Agreement (TPP) should be reconsidered. The primary objective of free trade is to foster competition in the supply of goods/services. That objective is difficult to be achieved completely, because natural monopoly practices can be triggered through the IPR’s provisions. The objective of this paper is to provide an analysis to the IPR’s section of the TPP to understand the future consequences of the rules for Indonesia. The methodology chosen is non-doctrinaire legal research methods. The result from this study shows that the TPP should be viewed as a multilateral free trade agreement that is fundamentally unfair for Indonesia. This paper’s significance is an academic contribution that can be used by the government of Indonesia in the decision-making activities related to the TPP.