What effect will the TPP have on your country?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

What effect will the TPP have on your country?

The Trans-Pacific Partnership has been finalised. Is the IP chapter all that it's cracked up to be?

Pres Obama
US President Barack Obama has made the TPP a priority as his term in office winds down

We dive deeper into the issues in this month's cover story, as well as what the IP chapter of the TPP will mean for each of the 12 countries. It is difficult to give a pithy summary of the IP chapter, given that it is 74 pages long, but it is fair to say that many of its provisions may be categorised as "TRIPS-Plus" and carry a strong US influence. Both supporters and detractors have used similar terms to describe the TPP, though whether that is a positive of negative thing really depends on who is speaking.

That said, there are still several provisions that do not reflect US law. One example is data exclusivity for biologics. US negotiators had originally pushed for 12 years of exclusivity, while developing countries and even some advanced economies like Australia drew the line at five. The final result, which is either eight years of protection or five years plus other protection and "market circumstances", is a victory for the countries pushing for a shorter period. Furthermore, for countries that already offer five years of exclusivity, there is likely no need to change the law at all as it is believed that time-consuming procedures such as securing market approval, along with the five years, is enough to satisfy the requirement, even if the protection period is in reality less than eight years.

That said, many provisions reflect US-style laws. Copyright protections is one area, where the TPP calls for a life plus 70 years term of protection identical to US law. Several countries are still at the TRIPS level of life plus 50 and will have to amend accordingly. The treaty also would require DMCA-style safe harbours for ISPs. Similarly, several practitioners from around the world say that their respective countries will have to amend their laws to include a US-style patent grace period.

The other noteworthy aspect of the TPP is what specific countries will have to do to comply. Because the treaty was designed to include a large group of countries at various levels of economic development, this means that the effect will be very different for each country. While more advanced economies like the US will have to do little if any to comply with the treaty, smaller countries such as Brunei may this as a chance to revise and update laws that have not been changed in a long while. And to throw another wrinkle into it, several of the countries, such as Singapore, already have free-trade agreements with the US, meaning that theirIP laws are already largely in line with the TPP.

For more on the TPP, check out the full-length story here. And as always, we welcome your comments and look forward to bringing you more coverage as countries move to debate, ratify and implement the treaty.

 

 

more from across site and SHARED ros bottom lb

More from across our site

Mid-market businesses looking to establish an online presence need ‘holistic’ brand protection services at an accessible cost, according to partners
Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
New partners, from biotech company Leyden Labs and Novartis, take the total number of partner hires to 12 since the firm took on external investment in late 2024
Labelled the ‘largest law firm merger in history’, the new outfit could also spell an opportunity for US clients to capitalise on Hogan Lovells' UPC expertise
Andy Lee and Amy Brooks of Brandsmiths explain how the firm secured a win for Peppa Pig over rival children’s character Wolfoo, in a case that centred on copied audio clips
Pedro Moreira outlines proposals by INPI that look set to open a discussion regarding biological materials, extracts, sequences, genetically edited plants, and computer programs
The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one ground of appeal has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
Gift this article