The TPP death, rebirth and IP exclusion

With the US departure, the Trans Pacific Partnership Agreement connecting Pacific nation economies lost its impetus. However it has now been reborn as the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP). With Singapore, Malaysia, Vietnam and Brunei from SE Asia, it remains important for the SE Asian region.

Most of the TPP commitments for goods, services, procurement and investment remain in the CPTPP. However a number of suspended provisions of the TPP remain outside the CPTPP, mainly those that apply to IPRs. These were US industry driven in many cases and include anti circumvention protection for copyright, patent extensions, protection of confidential data, and satellite and cable signal theft.

Another controversial provision allowing states to challenge non compliance on national interest grounds has been removed, ultimately an area relating to health and compulsory licensing.

Assuming no change, the IP elements of the TPP are therefore dead and US industry's IP concerns in the region reduced in stature.