/ With modifications to the intellectual property chapter, CPTPP was signed in Santiago

March 9, 2018

Yesterday, March 8, ministers from 11 countries signed in Santiago the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, also known as the TPP11). It is a very ambitious trade agreement, whose objective is to contribute to economic growth and create new opportunities for companies, workers, farmers and consumers of Australia, Brunei, Canada, Chile, Malaysia, Mexico, Japan, New Zealand, Peru, Singapore and Vietnam.

In order to promote innovation, creativity, facilitate the dissemination of information, knowledge, technology, culture and the arts, an exclusive chapter of intellectual property was developed, which had successive changes during the negotiation of the agreement. After the United States left the pact, 20 negotiations, mainly on copyright and patents, were suspended.

Of the most relevant matters of the copyright chapter, it was agreed between the parties to suspend the negotiations of several of its articles such as: term of protection for copyright and related rights; technological measures of protection; information on rights management; protection of satellite signals encrypted cable program carriers; legal resources and limitations.

The original text on trademarks was not modified and the most relevant matters are:

Types of signs registrable as trademarks: states parties may not require as a condition that the signs requested to records are visually perceptible, adding that states should make their best efforts to register olfactory marks.

Well-known marks: it is established that no state may require as a condition to determine that a mark is well known that the mark has been registered in the territory of the party or other jurisdiction.

Another of the great scoops that will surely be the subject of an extensive debate among the experts, relates to the obligation that the States Parties will have to adhere to, either the Madrid Protocol or the Singapore Treaty.

Regarding the patent chapter, the contracting states decided to suspend negotiations on the following topics: patentable subject matter; adjustment of the duration of the patent due to unreasonable delays by the granting authority; adjustment of the term of the patent due to unreasonable delays; protection of test data or other undisclosed data; biological

Regarding the measures related to the commercialization of certain pharmaceutical products (linkage), it is established that only by judicial resolution will the sanitary authority abstain from granting sanitary permits to generic pharmaceutical products during the period of patent protection.

Finally, one of the great novelties of the text refers to UPOV91 (International Convention for the Protection of New Varieties of Plants) since under Article 18.7, the Contracting States undertake to ratify or accede to UPOV91 on the date of entry into strength of the CPTPP.