TPP에서의 지적재산권에 관한 고찰

Abstract

This paper analyzes The Trans-Pacific Partnership(TPP) IP provisions and suggests the negotiation strategy. The TPP, also known as the Trans-Pacific Strategic Economic Partnership Agreement, is a trade agreement currently under negotiation that has its roots in an existing agreement between Brunei, Chile, New Zealand, and Singapore. The original agreement between the countries of Brunei, Chile, New Zealand and Singapore(P4) was signed on June 3, 2005. The TPP could be as one of the most promising region building efforts in the Pacific region. U.S. negotiators and others describe and envision the TPP as a “comprehensive and high-standard” FTA that aims to liberalize trade in nearly all goods and services and include commitments beyond those currently established in the World Trade Organization(WTO). However, there are a number of issues that must be resolved before an expanded TPP could become a reality. These issues comprise substantive obstacles in the negotiating process as well as procedural hurdles that must be addressed once an agreement is reached. PTAs, especially those with the U.S., often include provisions for enhanced intellectual property protection, going beyond the WTO TRIPS agreement’s requirements: so-called ―TRIPS-Plus. Typically TRIPS-Plus refers to IPR provisions believed to contain additional requirements than those contained in the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”), which is administered by the WTO. The P4 also imposes TRIPS plus obligations, although they are not as extensive as those found in U.S. FTAs. TPP contained TRIPS plus provisions that can undermine the flexibilities and disturb the delicate balance provided by the TRIPS Agreement.