FAN-0021 · Draft treaty text
Trans-Pacific Partnership: draft Intellectual Property chapter
The confidential consolidated draft of the TPP's intellectual-property chapter, showing the negotiating positions of all 12 countries as of August 2013; I published it days before a chief negotiators' meeting.
About this record
The Trans-Pacific Partnership (TPP) was a trade agreement negotiated in confidence by 12 Pacific Rim countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam. On 13 November 2013 I published the consolidated, bracketed text of its Intellectual Property chapter, dated 30 August 2013 and obtained after a negotiating round in Brunei, shortly before a chief negotiators' meeting in Salt Lake City on 19–24 November.
The 95-page, 30,000-word text covers patents, copyright, trademarks and industrial design, together with a long section on enforcement, and records which countries supported or opposed each proposal. Reporting focused on proposals to extend patent terms, including for medicines, beyond 20 years and on measures against circumvention of copyright protection (The Guardian). I later published further TPP drafts, including environment and investment chapters and an updated IP chapter.
The 12 countries signed the TPP in February 2016; the United States withdrew from the agreement in January 2017 (BBC News).
Provenance
I did not identify our source. Negotiating texts were not public at the time; The Guardian noted that even members of the US Congress could view only selected portions, under supervision. Partners we listed for the release were Fairfax Media (Australia), CIPER and Derechos Digitales (Chile), La Jornada (Mexico), The New Zealand Herald, and Knowledge Ecology International, McClatchy and Public Citizen (United States).
Key facts
| Text dated | 30 August 2013 |
|---|---|
| Length | 95 pages; about 30,000 words |
| Negotiating countries | 12 |
| Published | 13 November 2013 |
| Later history | Signed February 2016; US withdrew January 2017 |
Sources
- Secret TPP Agreement – IP Chapter — WikiLeaks (Original publication)wikileaks.org
- TPP IP chapter press release — WikiLeaks (Original publication)wikileaks.org
- WikiLeaks publishes secret draft chapter of Trans-Pacific Partnership — The Guardian (Reporting)theguardian.com
- TPP: What is it and why does it matter? — BBC News (Reporting)bbc.com
More from Trade Negotiations
| Published | Cat. no. | Title | Type |
|---|---|---|---|
| 2014-06-19 | FAN-0022 | Trade in Services Agreement: draft Financial Services Annex The confidential draft Financial Services Annex of the Trade in Services Agreement, dated April 2014, which I published with parties' negotiating positions and a marking to keep it secret after entry into force. | Draft treaty text |