O Trans Pacific Partnership e a estratégia norte americana de Forum Shifting em propriedade intelectual.

Abstract

This work sought to assess the impacts of the Trans Pacific Partnership on the international regime of intellectual property, considering specifically the insertion of this negotiation in the United States maximalist agenda for intellectual property. The analysis conceives the agreement as a channel for the US insertion in the Asia-Pacific regional economy, which is explained by its main attributes of geographic diversity, high standard of commercial liberalization and of expansion model. In relation to the intellectual property is pointed the continuity of the forum shifting strategy for TRIPSplus norms negotiations in Obama administration, discussing that the US proposal of intellectual property chapter in the Trans Pacific Partnership is one its most recent developments. The work is concluded with an assessment of the possible consequences of this strategy, stressing the impacts for the multilateral regime and for the negotiators member’s policy space. The forum shifting strategy in intellectual property pursued in the Trans Pacific Partnership may raise the risk for emptying the multilateral organizations that treats the issue of intellectual property and create a conflict about the norms to be obeyed internationally, while the TRIPS-plus norms reduces the flexibilities provided in the TRIPS agreement, thus limiting the national autonomy in building national systems of intellectual property protection, and implying in impacts upon important public policies such as public health, food security and access to knowledge.