Tuesday, 8 June 2010

FTA between the EU and Colombia-Peru, still a hot topic

Thanks to Xavier Seuba for making the blog aware of a short note which appeared in IPR Helpdesk titled: The IP chapter of the new Treaty between the European Union, Colombia and Peru from the public health perspective.

Xavier is the author of this note and he starts by giving a background on the association agreement that both blocks: the EU and the Andean Community were seeking. He explains that “the original EU proposal to the Andean States contained provisions that were TRIPS plus, other ones that were TRIPS extra and others that were even EU extra.” I think that we can call them ‘XXL’ – I just remember this letters that appear to be the trade mark from my trip to the US (everything was really huge: cars, beds, portion of foods, number of people attending the conference and my bill!!). Anyway, he affirms that the final text of the agreement reflects the priority of the EU - IP enforcement. There is, he observes, an “exclusion from the final text of the possibility to control patented goods in transit, the elimination of the criminalisation of patent infringements and, among other things, the reference to TRIPS article 44.2 when dealing with injunctions.”

He also covers the issue of ‘data exclusivity’ noting that the European formula (8+2+1), was reduced to 5 years – keeping the same term as others agreements already signed between the U.S. and Colombia and Peru.

According to Xavier, “the EU, Peru and Colombia made a great effort to draft the general provisions of the IP chapter so the numerous interests at stake were duly reflected”. You can read the note here.

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