Are TPP supporters talking to themselves?

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

Are TPP supporters talking to themselves?

Opponents of the Transpacific Partnership are increasingly vocal and making their concerns heard. But are supporters of the trade treaty missing the point?

Earlier this week, an online petition protesting against the Transpacific Partnership (TPP) was delivered to the Australian Parliament. Signed by 1.8 million internet users worldwide, the petition demanded that the details of the negotiations be made public (Like several other plurilateral treaties before it, a major criticism of the TPP concerns the secretive nature of the negotiations).

Despite the fact that governments increasingly laud the importance of intellectual property and innovation as drivers of the modern economy, there is also what many see as a countervailing anti-IP sentiment. INTA president Mei-Lan Stark alluded to this in an interview last month, and she cited it as one of the biggest challenges for those who work to increase IP protection. Stark notes that this sentiment, and the protests against the Anti-Counterfeiting Trade Agreement, seem to have taken IP owners by surprise. As she explained, “[ACTA was legislation] that had everybody's support but then suddenly was just unpalatable."

Not really unexpected

If rights holders were truly caught off guard by the anti-ACTA backlash, they have no excuse this time. A petition of 1.8 million internet users demanding a more transparent negotiation process, even taking into account the inflationary nature of internet petitions, shows that there is serious concern about the deal. A simple search for “TPP” on Google or the #TPP hashtag on Twitter also returns considerably more negative results than positive ones.

Furthermore, despite some attempts to make the TPP negotiation process more transparent, what has been done has fallen far short. TPP opponents, despite whatever faults one may find with their claims, often make arguments with direct reference to specific sections of the TPP. Many critics, like James Love of Public Knowledge International, have similarly provided detailed analysis of the draft versions coming from WikiLeaks.

Meanwhile, the US Trade Representative, despite having a webpage dedicated to the TPP, merely provides outlines broadly describing its positions while talking about the importance of IP protection. Similarly, supporters of the treaty, like the Global IP Center, attempt to debunk myths about the TPP by pointing to provisions from the US-Korea Trade Agreement as stand-ins for possible text in the TPP, rather than referencing the treaty itself.

Yelling past each other

The dialogue over the merits of the TPP at this point sounds more like an argument rather than a discussion. A good bit of the blame can be placed on supporters of the treaty, who seem content to talk past the detractors and ignore the details of their arguments. Many of those opposed to the TPP are likely not against IP protection on principle, but while they raise specific critiques and parse the language of leaked drafts, the treaty’s supporters provide what often sound like dismissive platitudes combined with a “seriously, just trust us” attitude.

Such a response does not help generate support for the TPP, and only further stokes anti-IP sentiment.

more from across site and SHARED ros bottom lb

More from across our site

Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
Gift this article