customs-web
24 September 2013Trademarks

TPP countries agree new anti-counterfeit measures

Countries negotiating a new trade agreement have supported the implementation of strict rules aimed at tackling counterfeiting and piracy, according to reports.

Several pacific-region jurisdictions are said to be introducing new measures as they look to cement their membership of the Trans-Pacific Partnership, (TPP)

The TPP is a free trade agreement between countries in the pacific region,  spearheaded by the US.

Prospective members are encouraged to strengthen their IP laws before joining.

According to reports in Japan, it is alleged to have urged other countries to adopt rules similar to that of the Anti-Counterfeiting Trade Agreement (ACTA).

The ACTA aims to establish an international legal framework for targeting counterfeit goods, generic medicines and copyright infringement and would propose a new governing body outside existing forums.

It is not yet known what the new measures leading up to the TPP will be, but Kensaku Takase, partner at Baker & Mckenzie LLP in Tokyo, toldWIPR they could focus on importation issues including ensuring there are clearly defined boarder control measures, regular inspections of shipments and simpler procedures to ensure the destruction of counterfeit goods.

“Similar improvements are probably being sought in respect of raids of production facilities and sales channels for counterfeit products where it is often difficult to see short-term results,” Takase said.

Describing IP infringement in Southeast Asia as a “very significant issue” for Japanese companies, Takase added, “stricter laws and enforcement procedures will no doubt be beneficial in limiting the production and circulation of counterfeit products in the region.”

The Japanese government is currently bolstering its rules on IP infringement as a whole and recently outlined changes to its copyright and trademark laws.

Both are thought to have stemmed from the continuing TPP negotiations.

“The recent discussions on the extension of copyright and introduction of non-conventional trademarks appeared to be driven by the US.  It is interesting to see that the Japanese government appears to be leading the initiative on an IP issue during the TPP negotiations,” Takase said.

Bob Stoll, partner at Drinker Biddle & Reath, in Washington, DC said the agreement was something to be welcomed.

“Japan came quite late into the game as far as the TPP is concerned but this is a good proposal – we need to address the issues of counterfeiting,” Stoll said.

“It’s heart-warming to see that developing countries have also expressed interested in protecting IP rights by supporting the proposals.”

In addition to the counterfeiting measures, the US and Japan are also said to be considering a joint proposal surrounding patents for drugs, making it easier for generic drugs to be sold in developing countries.

The proposal will call on developed nations like the US, Japan and Australia to extend the period of patent protection for medicinal drugs while allowing shorter periods in developing countries.

Stoll, formerly commissioner for patents at the US Patent and Trademark Office, said he applauds the efforts to make it easier to promote generic drugs in developing nations.

“I am sure the big pharma companies have concerns, but if talks are at an advanced stage they will almost certainly be aware of it and they probably suspect they will not be able to sell a lot of drugs in developing countries at those prices.”

“However, I suspect they are more worried about goods coming back into the US and the drugs not reaching their intended users,” Stoll added.

“We have seen an increase in attempts to post drugs intended for the developing jurisdictions back into the developed market by people looking to make a buck.”

Countries involved in the TPP talks are Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam.

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Copyright
14 November 2013   A highly secretive document outlining how a proposed trade agreement between nations in the Pacific region could affect IP rights has been made public.