Scholars Release Critical Analysis of U.S. Proposals for Intellectual Property and Pharmaceutical Chapters of the Trans Pacific Partnership


Sean Flynn, 202-294-5749
Brook Baker, 617-259-0760
Margot Kaminski

WASHINGTON, DC, December 7, 2011 - Sean Flynn, professor and associate director of American University Washington College of Law’s Program on Information Justice and Intellectual Property (PIJIP), coordinated the release of a report on Tuesday analyzing U.S. proposals for chapters on intellectual property and pharmaceutical pricing.

The release of the report was timed with the 10th round of Trans Pacific Partnership (TPP) Agreement negotiations, and was co-prepared with:

  • Margot Kaminski, executive director, Information Society Project, Yale Law School
  • Brook Baker, professor, Program on Human Rights and the Global Economy, Northeastern University School of Law
  • Jimmy Koo, fellow, Program on Information Justice and Intellectual Property, American University Washington College of Law

The Trans Pacific Partnership Agreement is the first trade agreement negotiated by the Obama Administration. Negotiators hope to conclude the Agreement by 2012.

The report concludes,“…U.S. proposals, if adopted, would upset the current international framework balancing the minimum standards for exclusive rights for media and technology owners, on the one hand, and the access rights of the public, competitors, innovators and creators, on the other.”

The report also notes that these proposals would create the highest intellectual property protection and enforcement standards in any free trade agreement to date, leading to higher prices and decreased access to a broad range of consumer products in many TPP member countries with little or no benefit to any TPP member in the form of increased innovation, creativity, or local economic activity.

“The U.S. proposal would require changes in the law of every TPP member country, despite the fact that this agreement itself is being negotiated with no public process,” Sean Flynn said. “It is shocking that this kind of detailed analysis of public policy can only be achieved through the leak of secret texts.”


Media inquiries can be directed to Megan Smith, 202-274-4276.


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