Proposed Intellectual Property Policy under Trans-Pacific Partnership Agreement and its Impact on Innovation Activities in Malaysia

Abstract

After five tough years of negotiation, the Trans-Pacific Partnership Agreement (TPPA) was finally concluded. Malaysia is among the twelve participating countries in the TPPA. Despite its heavy publicity, very little is known about the actual content and exact provisions of the TPPA. To date, what is known about the TPPA is obtained through leaked information by unknown Samaritans or concerned ‘whistle blowers’. The proponents of the TPPA wanted member countries to, inter alia, strengthen their existing legal protection for intellectual properties, particularly patents beyond the legal mandate of the World Trade Organization and the Treaty on Intellectual Property Rights Trade Related Agreement, where Malaysia is also a signatory. This writing assesses the impacts of such a request on innovation activities in Malaysia, a developing country and generally a technology user nation. The assessment is based on the three theories of patents and shows how the strengthening of patent protection would eventually promote (or hinder) innovation activities in the country.