Comprehensive And Progressive Agreement For Trans-Pacific Partnership (CPTPP)
May 5, 2018
No. 01 February 2017
On May 23, 2018, a Decree was published in the Mexican Official Diary announcing that the Mexican Senate has officially approved the CPTPP.
Eleven countries have signed the free trade agreement formerly known as the Trans-Pacific Partnership (TPP), which has been renamed the “Comprehensive and Progressive Agreement for Trans-Pacific Partnership” (CPTPP). Mexico signed the agreement on March 8, 2018.
The other signing members are: Australia, Brunei, Canada, Chile, Japan, Malaysia, New Zealand, Peru, Singapore and Vietnam.
The Treaty will enter into force 60 days after the date on which at least 6 or at least 50 percent of the number of signatories to the Treaty, whichever is less, have notified the Depositary in writing that the applicable legal requirements have been met.
For any signatory to the CPTPP for which the Treaty has not entered into force as previously mentioned, it shall enter into force 60 days after the date on which that signatory has notified the Depositary in writing that the applicable legal requirements have been met.
We expect the CPTPP to enter into force within the last trimester of 2018 in Mexico.
In total, 22 provisions on rules are suspended. One of the most significant revisions was in the intellectual property (IP) chapter. Under the revised IP chapter, the length of patent protection for innovative medicines and copyright periods for written materials has been shortened, and technology and information protections have been narrowed.
The suspended provisions have removed the additional requirements (pursued by the United States) in technological protection measures (TPMs), rights management information, encrypted satellite and cable signals, and safe harbors for internet service providers (ISPs).
Although the agreement will not be as positive as expected with respect to elevating IP standards in Mexico, it remains a welcome development for international trade and for certain aspects of IP protection and regulatory matters.
This newsletter is intended only as a general discussion of the addressed issues, and should not be regarded as legal advice.
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