December 07, 2013
On November 13, 2013, Wikileaks released a draft chapter under the Trans-Pacific Partnership (TPP) agreement. The draft, which relates to discussions on intellectual property rights as of August 30, 2013, the end of the 19th round of negotiation, has shocked many observers.
There has been much gripping about the veil of secrecy surrounding TPP. Few know exactly what is being discussed and who are involved. Some even say that only three people from each of the countries involved have full access the related drafts. This explains why the leak of one of the most contentious draft chapters has captured so much attention. Interestingly, the root of the controversy does not lie in the provision of the chapter itself.
Old matters
Granted, the aforementioned entire draft had not been made known. However, the public has been gradually aware of a significant portion of its content, in one way or another, since the U.S brought up the issue for discussion.
In essence, the draft chapter seems to call for greater protection for, say, patents, copyrights and trademarks than the World Trade Organization (WTO) agreement on Trade – Related Aspects of Intellectual Property Rights (TRIPS) does. The former seeks to expand the scope of protection to include diagnostic, therapeutic and surgical methods, as well as new uses for existing drugs. Those hoping to introduce certain drugs or fertilizers to the market need to conduct testings on humans or animals again even though data from similar checks are available. Stringent requirements regarding intellectual property rights in cyberspace may also discourage the network operators from posting information.
Upon scrutiny, it is possible to find something new in the draft chapter. For example, New Zealand, Canada, Singapore, Chile and Malaysia have proposed rejecting the request of the U.S. for data monopoly, extension of protection term and so on when it comes to pharmaceutical products. Of course, this idea has been mentioned before, albeit not in much detail. What is shocking, then?
Revelations
Pairs of brackets abound in the leaked draft, offering shocking insights into the countries that support or oppose certain provisions. As it turns out, Australia has been mostly supportive of the U.S. while Chile, Malaysia and Vietnam have voiced objections to the greater degree of intellectual property protection proposed. Moreover, it is indicated that the draft has not generated consensus among all the 12 countries involved.
Some governments will be in a difficult position. A challenge lies in justifying their support for certain interest groups at the expense of others. This is indeed the price these governments have to pay for their failure to uphold transparency throughout the negotiations and inform the public of issues of significance to the latter’s well-being.
Of course, the more upbeat observers will hope that the pressure engendered by the leaked draft will force governments to exercise more flexibility during their negotiations to protect the public’s interest. Once the people’s well-being is unanimously considered the key, there may be a way to settle differences.
On November 15, the Ministry of Industry and Trade joined forces with the Vietnam Chamber of Commerce and Industry to hold a seminar on TPP. Tran Quoc Khanh, deputy minister of Industry and Trade and a key figure in Vietnam’s TPP negotiation, has offered concise updates on the process. The key takeaway was that the agreement would not only pose challenges but also offer Vietnam opportunities to foster progress.
(By Trang Nguyen)