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

Patrick Zhang, formerly of Atlassian and TiVo, will become Via’s vice president of licensing and commercial strategy, tasked with helping expand client partnerships and licensing deals
IP services firm says new platform will cut patent portfolio analysis from months to minutes and optimise monetisation efforts
New role for the High Court judge will leave a gap for an IP specialist judge at the first instance
Laura Achával, founder of Achával IP in Argentina, shares how an evolving vision led her to launch her own practice
Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Carpmaels & Ransford is set to bolster its UK attorney team with the appointment of Simmons & Simmons’s head of IP in the UK
Updates on Nokia’s licensing strides and a surge in patent activity around battery recycling in Australia were also among the top talking points
To mark International Day Against Child Labour, Matteo Amerio at Corsearch says the people inside businesses who can identify counterfeiting risks must be given the tools and authority to act
With genuine equity at IP firms becoming rarer, securing partnership is harder than ever, but increased transparency is also making climbing the ladder more predictable
Gift this article