The Intellectual Property Chapter of the Trans-Pacific Partnership Agreement and Investment in Developing Nations

16 Pages Posted: 8 Nov 2014 Last revised: 11 Nov 2014

See all articles by Krista L. Cox

Krista L. Cox

Notre Dame Law School; Association of Research Libraries

Date Written: February 15, 2014

Abstract

The United States has some of the highest standards of intellectual property protection in the world, though many copyright and patent laws in the United States are limited through balancing provisions that provide exceptions to the exclusive rights conferred by the intellectual property system. The United States has engaged in efforts to raise intellectual property standards worldwide through creation of new global norms, such as through negotiations of free trade agreements like the currently negotiated Trans-Pacific Partnership Agreement.

Higher levels of intellectual property protection may be unnecessary to attract investment in developing countries. In fact, increasing intellectual property standards may actually result in negative impacts on development for low- and middle-income countries. This paper examines the role of intellectual property rules in attracting investment for developing countries. It uses the proposals for the TPP's intellectual property chapter as an example on how higher levels of intellectual property enforcement may harm rather than promote investment.

Keywords: trans-pacific partnership agreement, tpp, intellectual property, TRIPS, WTO, patents, copyright, enforcement

Suggested Citation

Cox, Krista L. and Cox, Krista L., The Intellectual Property Chapter of the Trans-Pacific Partnership Agreement and Investment in Developing Nations (February 15, 2014). University of Pennsylvania Journal of International Law, Vol. 35, No. 4, 2014, Available at SSRN: https://ssrn.com/abstract=2520254

Krista L. Cox (Contact Author)

Association of Research Libraries ( email )

Washington, DC

Notre Dame Law School ( email )

Notre Dame, IN 46556-0780
United States

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