1. The Intellectual Property Provisions of Recent US FTAs CARSTEN FINK Video Conference for Andean Countries on Intellectual Property Rights, May 4, 2005

2. Overview US Trade Promotion Authority Key ‘TRIPS-plus’ elements IPRs rules in investment chapter A good bargain? Social and economic implications

3. US Trade Promotion Authority “… to further promote adequate and effective protection of intellectual property rights, including through […] ensuring that provisions […] reflect a standard of protection similar to that found in United States law.” “… to respect the Declaration on the TRIPS Agreement and Public Health […]”

4. Recent analysis Fink and Reichemiller (2005) Recent bilateral agreements signed and approved by US Congress: Vietnam, Jordan, Singapore, Chile, Morocco, Australia Still pending in US Congress: DR-CAFTA, Bahrain

5. TRIPS-plus elements: patents Patent term extension Patenting of life forms Limits on the use of compulsory licenses Second-use patents

6. IPRs and public health Linkage between patent status and drug marketing approval Test data protection for pharmaceutical products, mainly through exclusivity Limitations on parallel importation Side letters on public health Exception or interpretation?

7. TRIPS-plus elements: copyright Extended term of protection Technological protection measures Liability of Internet service providers Parallel importation of copyrighted works

8. TRIPS-plus elements: enforcement Limited recognition of institutional constraints Wider application of border measures Stronger civil and criminal procedures to deter IPRs infringement

9. IPRs in investment chapters IPRs included in the definition of investment Some agreements exclude compulsory licenses as an act of expropriation (as long as they comply with trade rules) Investor-state dispute settlement

10. A good bargain? Empirical question Does logic of mercantilism apply? IPRs concessions are not of a preferential nature Quantification of possibly effects is difficult

11. Economic and social implications Depends on country, pre-existing state of IPRs protection Attract FDI and foreign technology? Reduced ability to advance public health objectives? Unduly constrain fair use? Use of scarce resources in enforcement

12. Some final lessons There are important differences among recent agreements Negotiations have been one-sided More analysis and ex ante assessments are needed