The provisions of Intellectual Property (IP) protection under the Trans-Pacific Partnership Agreement (TPPA) have been the topic of many dialogue sessions since the free trade agreement (FTA) came about in February, sparking questions on the IP Chapter of the 30-Chapter FTA.

The TPP discussions on IP protection have been dubbed an innovative approach, having been foreseen to set the bar for international trade agreements.

While there has been controversy as to what barriers will be formed under the IP bill, Dato Paduka Lim Jock J-Ioi, Permanent Secretary at the Ministry of Foreign Affairs and Trade (MoFAT) assured that it will be aligned with the nation's interests.

"In the course of these (TPPA) negotiations, the MoFAT and the Attorney General's Chambers (AGC) are working closely to ensure that Brunei's interests are protected."

This was among the many topics discussed during the open session of the MoFAT Outreach Programme for the Asean Economic Community (AEC) and TPPA at the International Convention Centre, yesterday.

It is stated under the IP Chapter of the TPPA that "the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations".

It was further explained yesterday that the agreement intends to protect innovation and IP through the establishment of a regional standard (of rights) - a standard which will be shared equally among the 12 signatories.

What this means is that TPPA members will have to adhere to the transnational law of IP protection, regardless of each country's own IP protection laws.

The IP Chapter's complexity includes sections pertaining but not limited to patents, copyright, trademarks, industrial design among others, but also takes into account that traditional knowledge is related to those intellectual property systems.

In the 'National Treatment' section oldie IP protection chapter, it is stated that "each Party shall accord to nationals of another Party treatment no less favourable than it accords to its own nationals" when it comes to protecting IP rights, assuring there be no double standards among signatories.

These enhanced obligations have been discussed over the past TPP developments, in a bid to protect each member state's national interests.

Source:
@BRUDIRECT.COM

by BruDirect.com

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