Trans-Pacific Partnership Treaty’s Leaked IP Provisions: Brief

Overview

On October 9, 2015, Wikileaks released the consolidated Intellectual Property Rights Chapter (IP Chapter) of the Trans-Pacific Partnership Treaty (TPP). This post is a brief overview of some key aspects of the IP Chapter in the leaked version of the TPP.

Extension of Copyright Term

The TPP proposes a minimum copyright term commitment from signatory countries of the life of the author of a work plus 70 years.  The Canadian Copyright Act currently provides copyright owners with a protection term of the life of the author of a work plus 50 years.

Patent Protection for Pharmaceuticals

The TPP contains provisions that provide pharmaceutical patent owners with a sui generis right to patent term restoration where regulatory approval of a patented drug is delayed.  These provisions appear similar to those recently agreed to by Canada in the Comprehensive Economic and Trade Agreement with the European Union (CETA), except that, in contrast to CETA, (i) patents for which signatories must provide patent term extension are limited to those directed to pharmaceutical products or substances (methods of making and using pharmaceuticals are excluded); and (ii) signatories can provide conditions and limitations on the patent term extension.

Trade-marks

The TPP requires certain administrative procedures be made available for opposition to, and cancellation of, geographical indications.

Note on Application

Although on October 5, 2015 the signatories concluded negotiations and agreed to the TPP in principle, the Canadian Parliament must still ratify the agreement before its requirements are incorporated into Canadian law.

For a Technical Summary of the TPP’s IP Chapter by Canada’s Department of Foreign Affairs, Trade and Development, click here.