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icy Watch: Brief Analysis of the Intellectual Property Sections of Three Influential International Trade Agreements and one Bilateral Trade Agreement

1. Introduction to CPTPP 1. 隞??CPTPP

In 2005, Chile, New Zealand, Singapore and Bru- 2005撟湔??押???镼踹???????????勗??賢?霈?
nei initiated the Trans-Pacific Partnership Agree- ??絲頝典云撟單?隡?撈?喟頂嚗??甇亦?霈????楊憭?像瘣?
ments, and initially signed the Trans-Pacific Strate- ???蝏??隡?撈?喟頂??????隞乩?蝞?蝘售??PSEP??
gic Economic Partnership Agreement (hereinafter, 嚗?3嚗???其?餈??憭???箇?韐豢????????2009撟?
??PSEP??)3 that aimed to promote trade liberalization ?嗡遙蝢???餌?憟亙毀撽??撣???賢????隞?PSEP銝?
in the Asia-Pacific region. In 2009, former U.S. Presi- ?箇???楊憭?像瘣??隡游?霈??隞乩?蝞?蝘售??PP???
dent Barack Obama announced that the United States 靚????2010撟?3??15?伐?TPP擐?蔭靚???冽噫憭批?
would participate in negotiations of the TPSEP-based 鈭??撠??銝曇?嚗??銝???斤???8銝?????蝢????
Trans-Pacific Partnership (hereinafter, ??PP??). On ?箏????斢???????????????镼踹?????勗?瞉?
15th March 2010, the initial negotiations of the TPP 憭批?鈭????????交????镼踹?????賜?蝏批?撣??
were held in Melbourne, Australia, with participation ??PP靚??????曹?蝢?????撖?PP???颲?之嚗?
of eight members: the United States, Chile, Peru, Viet- 2017撟湔?隞餌??賣?餌???熙敺猾?Ｙ????蝑曄蔡銵????
nam, Singapore, New Zealand, Brunei and Australia. 隞歹?蝢??????PP嚗?蓮???瘙????葵?賢?蝑曄蔡??
Later, Japan, Mexico and South Korea subsequently 颲寡晴???霈?????賡???箏?嚗??????嗡????銝??
announced their joining the TPP. However, due to 摰嗥誧蝏??餈?PP靚??嚗?僎??蝏??蝵脫?????梯晴??
great differences inside the US about the TPP, pursu- ???CPTPP??
ant to an executive order signed by former U.S. Presi-
dent Donald Trump in 2017, the U.S. withdrew from CPTPP????賜?瘚??駁???????瘥??嚗???質?瘝?
the TPP negotiations, and instead; the U.S. sought to ???箏???????40%蝻拙?銝?13%嚗?蛹鈭?◇?拙??賣?
conclude separate bilateral trade agreements with each ???嚗?PTPP???鈭?????瑽?????鈭??TPP銝?
country. After the exit of the U.S., Japan and 10 other ???銝????憪???????蔭鈭??蝢???????22憿寞?
countries continued to move forward with the TPP 甈橘??嗡葉??蔭??11?∩??亥?鈭扳????4????????
negotiations and eventually signed a new free trade CPTPP?賜??函?瘚??璅∪????敶勗????鈭?PP嚗??
agreement, the CPTPP. ?典????韐貉????靘??頞??敶???????憭???箸?
???隞???梯晴???霈??閬????????霂?漣?????
The total economic aggregate of the CPTPP member 隞?晴?????????嚗??銝?銝?????敹?????????
states accounts for 13% of the global economic aggre- ????????晴???摰?????鈭??雿?晴????????
gate, decreased from 40% when the US participated in 敹?????瘚??雿??嚗?誑靽??銝??韐豢???
the negotiation. In order to successfully implement the
new agreement, CPTPP reduced the requirements of 銝??甇�?靚?????CPTPP??葉?賢??⊿?????踹?
the agreement, removed 1/3 of the original TPP text, ?賡?韐豢?靚????誨銵函????鈭?2021撟?2??24?交???
and set aside 22 clauses related to the US, including ?脖葉?賢歇蝏???典?CPTPP??????甈曇?銵??隡啜??
11 clauses related to intellectual property4. Although ??弦??楛?亦????嚗?僎銝??CPTPP???銝????葉
???鈭?????銵?????撘??閫??銋??????嗡???
3 TPSEP became effective in New Zealand and Singapore on
1st May 2006, and in Chile and Brunei on 1st July 2009. 3 TPSEP鈭?2006撟?5??1?亙??啗正?啣??啣??∠????鈭?2009
4 Including the relevant clauses on national treatment, pro- 撟?7??1?亙??箏?????梁?????
tected subject matters, terms of protection and measures of protection. 4 ?瑚????????賣?敺???⊥?????唾?摰?????文?鞊∠???
For example, the principle of national treatment shall be applied on the
copyright of works, performance or phonograms and the fees for use of ?唾?摰?????斗?????唾?摰??靽?????????唾?摰????憒??
the relevant rights thereof. For example, the patentable subject matters
include new uses of a known product, new methods of using a known 撠??瘞?????????其????雿????”瞍?誑????喳???????
product, and new processes of using a known product. In compliance
with the relevant rules, patents are available for inventions that are ????單??拍?雿輻?韐嫘???憒?????鈭???拍?摰?????嚗?歇??
derived from plants. As for biologics, the terms of protection as of the
first marketing approval and the time of protection are provided. For 鈭批?????券????蝙?典歇?乩漣????唳?瘜?誑???撌亙?????萄?
example, the term of protection of pharmaceutical product is 5 or 8
years, and the term of protection of new effects, new formulation or new ?詨?閫????????嚗???拙?隞交?鈭??????拍??????????

?嗅??函?蝥??擐??銝??????斗?????斗??湔?靘????＆???

?????憒?????????斗?銝?5??8撟湛?????唳??具????????

?啁????瘜?蛹3撟氬???頧賣???????????????瑪?菔?靽∪?

????扎???餈???詨??⊥????銝箏?銝箇?蝵??銝綽?撟嗥?鈭??鈭?

憭??嚗??鈭??????唾???靘??鈭??瘚???

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