IPPro Patents Issue 049

Pacific Partnership
Trump’s actions benefited the
developing countries that are members of
the TPP, because there will no longer be a
conflict between the national legislation
and the CPTPP, reaching an equilibrium
point in this topic
Maylee Savournin, lawyer, OMC Abogados
Taking in consideration Trump´s “Make America Great Again” slogan,
and the withdrawal of the US from this treaty, we can say that the
IP chapter of the original TPP has not been severely affected by the
renegotiation, because the US is a great innovative and technological
power in the world, and it is natural that it seeks to protect to the
maximum its investment in research and production of new products,
so when they negotiate bilateral or multilateral trade agreements, it is
not surprising that its content resembles its legislation.
Trump’s actions benefited the developing countries that are members
of the TPP, because there will no longer be a conflict between the
national legislation and the CPTPP, reaching an equilibrium point in
this topic.
Are there any potential gains to be had for Peru in the renegotiation
of the TPP? Are there any concerns that Peruvian IP professionals
have about the original agreement that could be addressed?
Yes, there are. As we said before, the objective of the CPTPP,
was not to modify the original text, but to obtain an equilibrium
point after the withdrawal of US. Therefore, Peru has obtained the
following benefits:
Winning five new markets in a single trade agreement, as is the
case of Australia, Brunei Darussalam, New Zealand, Malaysia and
Vietnam. The potential increase of Peruvian non-traditional exports
is estimated to these markets in $2,250 million with the entry into
force of the TPP. The country also wins by the improvement in access
conditions and rules agreed in previous bilateral agreements.
Access to global value chains, as a result of the application of
the mechanism known as “accumulation of origin”, which allows
to consider consumable goods, materials or intermediate goods
originating in any country as if they were Peruvian. This mechanism
will particularly benefit small companies, since they will be able to
export inputs that are linked to a value chain in the TPP block.
The integral nature and high standards of the TPP will contribute
to the process of modernisation of state institutions, as well as the
application of expeditious systems and procedures of institutions
linked to foreign trade. At the same time, it will allow Peru to benefit
from the good management practices of its partners in the treaty. And
the most important gain for Peru is that the CPTPP members have
recognised the existing link between traditional knowledge, genetic
resources and IP, topics that come together in a way that contributes
to their protection and adequate utilisation by society.
Peruvian IP professionals have one main concern about the TPP,
which is the acceptance of the protocol relating to the Madrid
Agreement concerning the international registration of trademarks,
approval has always been objected by different sectors involved
using constitutional, legal and administrative reasons and also
because of the negative impact on the resources generated by the
competent national office. IPPro
Peruvian IP professionals have one
main concern about the TPP, which is
the acceptance of the protocol relating
to the Madrid Agreement concerning the
international registration of trademarks
Oscar Mago, managing partner, OMC Abogados
19 IPPro Patents