Tag: Intellectual property rights

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A major new trade deal – the Trans-Pacific Partnership

Governments of twelve Pacific rim nations, including the USA, Canada, Japan and Australia have just agreed to a trade deal – the Trans-Pacific Partnership (TPP). This represents the most significant trade deal since the completion of the Uruguay Round and the creation of the World Trade Organisation in 1994. Together these countries account for some 40% of global GDP. The deal must still be signed by the leaders of the TPP countries, however, and, more importantly, ratified by their legislatures, where, to put it mildly, agreement is not universal.

The deal is hailed as a move towards freer trade in a number of areas, including agriculture and services. But it also provides greater protection for owners of intellectual property. Proponents of the deal argue that it will to lead large-scale reductions in tariffs and other trade restrictions. As the Economist article states:

For American exporters alone, 18,000 individual tariffs will be reduced to zero. Much the same will be true for firms in the other 11 members. Even agricultural barriers, usually among the most heavily defended, will start to come down. Foreigners will gain a toehold in Canada’s dairy sector and a bigger share of Japan’s beef market, for example.

But despite this being the biggest trade deal for some 20 years, it has been highly criticised by various groups. Freer trade threatens industries that will face competition from other countries in the TPP. This unites both corporations and unions in trying to protect their own specific interests. However, the agreement gives ground to many special industries by retaining protection in a number of areas, at least for several years.

It has also been criticised by environmentalists who worry about the removal of various environmental safeguards. In answer to these concerns, there are several provisions in the agreement that provide some measure of environmental protection so as to slow things such as deforestation, overfishing and carbon emissions. But environmentalists argue that these provisions do not go far enough.

Others are concerned that the agreement will allow corporations to challenge governments and undermine the ability of governments to regulate them.

The articles look at some of the details of the agreement and at the arguments for and against ratifying it. Some of these arguments go to the heart of the age-old free trade versus protection debate.

US, Japan and 10 countries strike Pacific trade deal Financial Times, Shawn Donnan and Demetri Sevastopulo (5/10/15)
What Trade-Deal Critics Are Missing Wall Street Journal, Zachary Karabell (8/10/15)
The Trans-Pacific Partnership: Weighing anchor The Economist (10/10/15)
A trade deal is no excuse to milk taxpayers Globe and Mail (Canada), Yuen Pau Woo (7/10/15)
What Is the Trans-Pacific Partnership Agreement (TPP)? Electronic Frontier Foundation
Wikileaks release of TPP deal text stokes ‘freedom of expression’ fears The Guardian, Sam Thielman (9/10/15)
TPP’s clauses that let Australia be sued are weapons of legal destruction, says lawyer The Guardian, Jess Hill (10/11/15)

Questions

  1. Who are likely to benefit from the TPP?
  2. Why are American republicans generally opposed to the agreement?
  3. What are the objections to the TPP’s provisions for the protection of intellectual property rights?
  4. Would the current twelve members of the TPP gain if China joined?
  5. What are the objections of environmentalists to TPP?
  6. What effect will the TPP on European countries?
  7. Other than a reduction in tariffs, what other types of measures are included in the TPP?
  8. What is the Investor-State Dispute Settlement mechanism and what criticisms have been made of it? Are they justified?
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To share or not to share? – that is the question for competition authorities

Competition authorities in the USA and Europe tend to have a different approach to firms that have a dominant market position by virtue of their ownership of specific intellectual property, such as software codes. Thus companies such as Microsoft can exploit network economies, thereby making it hard for rival firms to compete. After all, if most people use Windows, there is an incentive to keep using it so as to be compatible with other users. Similar arguments apply to the ownership of physical property, such as ports, airports, railways and power lines, where the owners may choose to deny access to competitors.

So should companies such as Microsoft grant rivals access to their intellectual property? Would such access increase competition, or would it be a disincentive for rivals to innovate? The following article from The Economist considers the issue and refers to a recent paper by Sir John Vickers, former head of the Office of Fair Trading and now Warden of All Souls College, Oxford and President of the Royal Economic Society. He argues for a mid-way course between Europe and America – more interventionist than in the USA, but less rigidly regulated than in the EU.

What’s mine is yours The Economist (28/5/09)
Competition Policy and Property Rights, John Vickers Oxford University , Department of Economics, Discussion Paper Series (26/5/09)
See also
‘Intel inside’ could be outside the law

Questions

  1. Explain what is meant by ‘network economies’ and give some examples.
  2. What are the arguments for and against requiring companies to give rivals access to their intellectual property?
  3. If companies are required by the competition authorities to give others access to their intellectual property, should they be allowed to charge their rivals for using such property, and, if so, how would the authorities determine the appropriate amount?