Countries fail to reach a compromise in TPP talks

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

Countries fail to reach a compromise in TPP talks

After four days of negotiations, international delegates from 12 countries have failed to reach a compromise over the Trans Pacific Partnership (TPP) Agreement.

The Office of the United States Trade Representative issued a statement yesterday claiming that "substantial progress" has been made in the TPP talks, which are now expected to continue into next year.

The news follows Monday's release by whistleblowing site WikiLeaks of two documents that suggest the US is isolated in its positions on many issues including intellectual property, and is exerting "great pressure" on other countries to comply with its demands.

One of the documents, an internal memo, records "large differences that continue in most areas of the chapter" on intellectual property. It recounts the meeting chair recording solutions "coming from the US position", prompting other countries to demand corrections to the text, which could later be used by the US as a basis for reaching an agreement.

The memo also describes the US proposals on Investor State Dispute Settlement, which allow companies to directly sue governments at a secret international arbitration tribunal, as one of "one of the most significant barriers to closing the chapter" on investment.

The other document, a spreadsheet outlining the positions of the countries on the various issues, shows the US as the sole supporter of proposals such as linkage requirements for pharmaceuticals, the criminalisation of copyright infringement and rules against parallel importation, which was judged to be legal by its own Supreme Court in Kirtsaeng v John Wiley.

The countries involved in the TPP negotiations are Australia, New Zealand, the US, Peru, Chile, Mexico, Canada, Singapore, Brunei, Malaysia, Japan and Vietnam.

Yesterday, six members of US Congress wrote to President Barack Obama arguing that the "secret" negotiations benefit pharmaceutical companies at the expense of public health. The writers, all Democrats, urged the president not to make any final trade agreements "that affect critical health issues" until politicians and members of the public have had the opportunity to review and comment on the proposals.

Joseph Stiglitz, a Nobel prize-winning economist from the Columbia University School of Business, has also written to the negotiators, arguing that several of the proposals would weaken the 2001 Doha Declaration on TRIPS and Public Health.

Separately, 27 organisations and over 70 individuals have signed on to a letter by Knowledge Ecology International protesting the proposal to extend copyright protection to life plus 70 years. The letter argues the extension will result in the loss of countless owned but uncommercialised works and will be "costly to consumers and performers, while benefiting persons and corporate owners that had nothing to do with the creation of the work."

more from across site and SHARED ros bottom lb

More from across our site

As UPC activity continues to drive strategic hiring and expansion, recent rulings have delivered a notable win for Samsung, and further uncertainty in the long-running GSK-Pfizer vaccine battle
The merger of Taylor Wessing’s UK operation with US firm Winston Strawn was a response to a strategic conundrum, its leaders say
Over the past 23 years, LawPlus has expanded from Thailand to Myanmar and built extensive international partnerships. What’s next?
Patrade has turned to experienced IP practitioner and business development leader Anders Isaksson to strengthen its commercial strategy and expand its reach to clients across Scandinavia
Cassie Hill, partner at Mishcon de Reya, discusses rebuilding client relationships after maternity leave and the pressures facing women at a pivotal stage of their career
Matthew Asbell discusses why empathy is important in law, being inspired by diverse workplaces and working on the latest, greatest large language model
The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
From seller vetting and proprietary screening technology to brand collaboration and industry partnerships, Temu explains how its intellectual property enforcement programme combats infringement on its marketplace
A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
Gift this article