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ARTICLE · 16 FEBRUARY 2018

From TPP To CPTPP: Suspensions To IP Provisions

Gowling WLG
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The negotiations thus far contemplate significant changes to intellectual property chapter of the original TPP.

CanadaIntellectual Property

On January 23, 2018, Canada and 10 other signatories1of the now-defunct Trans-Pacific Partnership (TPP) concluded a series of negotiations in Tokyo concerning the planned "Comprehensive and Progressive Agreement for Trans-Pacific Partnership" (CPTPP). The core elements of the forthcoming agreement, which came to life following the United States' withdrawal from the TPP in January 2017, were agreed upon by the remaining 11 parties on November 10, 2017 during meetings in Da Nang, Vietnam.2

The negotiations thus far contemplate significant changes to intellectual property (IP) chapter of the original TPP.3 While the text of the CPTPP has not been released, the parties have agreed to suspend a number of IP provisions that were originally agreed to in the TPP. It is currently unclear whether the suspensions are permanent or the provisions will be reinstated at a later date.  An official signing cermony for the CPTPP is expected to be held in late March in Chile.

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