The Trans-Pacific Partnership


The Trans-Pacific Partnership

Intellectual Property and Trade in the Pacific Rim

9781788973311 Edward Elgar Publishing
Matthew Rimmer, Professor of Intellectual Property and Innovation Law, Faculty of Business and Law, Queensland University of Technology (QUT), Australia
Publication Date: 2020 ISBN: 978 1 78897 331 1 Extent: 616 pp
This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.

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This authoritative book explores copyright and trade in the Pacific Rim under the Trans-Pacific Partnership (TPP), a mega-regional trade deal. Offering a perceptive critique of the TPP, Matthew Rimmer highlights the dissonance between Barack Obama’s ideals that the agreement would be progressive and comprehensive and the substance of the trade deal.

Rimmer considers the intellectual property chapter of the TPP, focusing on the debate over copyright terms, copyright exceptions, intermediary liability, and technological protection measures. He analyses the negotiations over trademark law, cybersquatting, geographical indications, and the plain packaging of tobacco products. The book also considers the debate over patent law and access to essential medicines, data protection and biologics, access to genetic resources, and the treatment of Indigenous intellectual property. Examining globalization and its discontents, the book concludes with policy solutions and recommendations for a truly progressive approach to intellectual property and trade.

This book will be a valuable resource for scholars and students of intellectual property law, international economic law, and trade law. Its practical recommendations will also be beneficial for practitioners and policy makers working in the fields of intellectual property, investment, and trade.
Critical Acclaim
‘In this comprehensive volume, Professor Matthew Rimmer takes a deep dive into the intellectual property chapter of the Trans-Pacific Partnership, now rebranded as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. He covers a wide range of controversial matters including access to essential medicines, cybersquatting, and Indigenous intellectual property. The book is a must read for intellectual property enthusiasts as well as those interested in the significance of the Trans-Pacific Partnership for the future of international trade law.''
– Tania Voon, University of Melbourne, Australia

‘The Trans-Pacific Partnership is the definitive account of a trade agreement that spans the globe with enormous implications for the digital economy, the environment, and climate change. Professor Matthew Rimmer masterfully recounts policy critiques and analysis from Australia, Canada, New Zealand, and the United States in crafting a convincing case that after years of closed door negotiations, the agreement fails to deliver a progressive vision for trade, intellectual property, and sustainable development.’
– Michael Geist, University of Ottawa, Canada
Contents: PREFACE INTRODUCTION PART ONE Copyright Law and Related Rights 1. Rock against the Trans-Pacific Partnership: Copyright Law, the Creative Industries, and Internet Freedom 2. Fair Use and Fair Trade: The Trans-Pacific Partnership and Copyright Exceptions in the Pacific Rim 3. Back to the Future: The Digital Millennium Copyright Act and the Trans-Pacific Partnership PART TWO Electronic Commerce and Digital Trade 4. The Trans-Pacific Partnership and Big Data: Consumer Rights, Privacy, Electronic Commerce and Digital Trade PART THREE Trademark Law and Related Rights 5. No Logo: Nike, Labor Rights, Trade Mark Law, and the Trans-Pacific Partnership 6. The Big Chill: Investor-State Dispute Settlement, Tobacco Control, and the Trans-Pacific Partnership 7. The Prosecco Wars: Intellectual Property and Geographical Indications in the Pacific Rim PART FOUR Patent Law and Related Rights 8. Farmers’ Rights in the Pacific Rim: Plant Breeders’ Rights, Agricultural Patents, and the Trans-Pacific Partnership 9. The Trans-Pacific Partnership and Access to Essential Medicines: Patent Law, Public Health, and Pandemics 10. The Trans-Pacific Partnership and Biotechnology: Intellectual Property, Gene Patents and Biologics PART FIVE TRADE SECRETS 11. Secret Trade and Trade Secrets: The Trans-Pacific Partnership, Confidential Information, and Computer Crimes PART SIX THE ENVIRONMENT, CLIMATE CHANGE, AND INDIGENOUS RIGHTS 12. Greenwashing the Trans-Pacific Partnership: Trade and the Environment in the Pacific Rim 13. Two Solitudes: Climate Change and Trade in the Context of The Trans-Pacific Partnership 14. The Imperialism of the Trans-Pacific Partnership: First Nations, Traditional Knowledge, and Indigenous Intellectual Property CONCLUSION Index
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