US NAFTA Negotiating Objectives For IP: Go Big On Digital IP Protection, Fend Off GIs
Briefs 20/11/2017 •

The Office of the United States Trade Representative (USTR) has issued a set of negotiating objectives for renegotiating the 1994 North American Free Trade Agreement (NAFTA) that include its hopes for elevating intellectual property in the trade deal. Included in the list: force Canada and Mexico to ratify international treaties, accept US law on IP protection and create conditions for “strong” IP enforcement especially online, and ensure ample protection for products with generic names. Perhaps oddly, there is only one mention of trade agreements, which includes respect for a 2001 text at the World Trade Organization on IP and public health.

USTR’s November 2017 negotiating objectives are available here [pdf].

In a release, USTR said: “To date, the NAFTA countries have held four rounds of negotiations, with a fifth round being held November 17-21, 2017.  During these negotiating rounds, the United States has put forward substantially all of the initial U.S. text proposals, including new text in 27 chapters of NAFTA.”

The objectives for intellectual property rights, on page 9 in the document are reprinted below:

Promote adequate and effective protection of intellectual property rights, including through the following:
• Obtain commitments to ratify or accede to international treaties reflecting best
practices in intellectual property protection and enforcement.
• Provide a framework for effective cooperation between Parties on matters related to the
adequate and effective protection and enforcement of intellectual property rights.
• Promote transparency and efficiency in the procedures and systems that establish
protection of intellectual property rights, including making more relevant information
available online.
• Seek provisions governing intellectual property rights that reflect a standard of protection
similar to that found in U.S. law , including, but not limited to protections
related to trademarks, patents, copyright and related rights (including, as appropriate,
exceptions and limitations), undisclosed test or other data, and trade secrets.
• Provide strong protection and enforcement for new and emerging technologies and new
methods of transmitting and distributing products embodying intellectual property,
including in a manner that facilitates legitimate digital trade, including, but not limited
to, technological protection measures.
• Ensure standards of protection and enforcement that keep pace with
technological developments, and in particular ensure that rights holders
have the legal and technological means to control the use of their works
through the Internet and other global communication media,
and to prevent the unauthorized use of their works.
• Prevent or eliminate government involvement in the violation of
intellectual property rights, including cyber theft and piracy.
• Secure fair, equitable, and nondiscriminatory market access opportunities
for United States persons that rely upon intellectual property protection.
• Prevent or eliminate discrimination with respect to matters affecting
the availability, acquisition, scope, maintenance, use, and enforcement
of intellectual property rights.
• Respect the Declaration on the TRIPS Agreement and Public Health, adopted by
the World Trade Organization at the Fourth Ministerial Conference
at Doha, Qatar on November 14, 2001, and to ensure that trade agreements
foster innovation and promote access to medicines.
• Prevent the undermining of market access for U.S. products through
the improper use of a country’s system for protecting or recognizing
geographical indications, including such systems that fail to ensure transparency
and procedural fairness, or adequately protecting generic terms for common use.
• Provide the means for adequate and effective enforcement of intellectual property
rights, including by requiring accessible, expeditious, and effective civil,
administrative, and criminal enforcement mechanisms. Such mechanisms
include, but are not limited to, strong protections against counterfeit and pirated
goods.

 

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