Implementing the IP Chapter of the FTA between Chile and the USA: Criticisms and Realities from a Developing Country Perspective

Authors

  • Elisa Walker Echenique Chilean Lawyer, Master in Innovation, Technology and the Law, University of Edinburgh

DOI:

https://doi.org/10.2966/scrip.090212.233

Abstract

There is an intensive discussion about the incorporation of intellectual property (IP) terms in Free Trade Agreements (FTAs). Some legal scholars suggest that IP terms constitute the price that developing countries have to pay in order to obtain FTA commercial benefits. Thus, it is assumed that economic achievement is the principal motivation for developing countries, while the legal impact of new intellectual property standards is sometimes not immediately obvious. It is in this context that developing countries have been recommended to pay attention to the implementation of the FTAs, assuring that IP terms are compatible with domestic interests. The purpose of this work is to check if developing countries have responded to this concern. Thus, this work will check if Chilean national authorities were aware of the critiques that affect the FTA established with the United States of America and it will see if these critiques were addressed and mitigated by their legislative work. This analysis will be based in the following critical terms: (1) The protection of undisclosed information; (2) Limitations on liability for Internet Service Providers (ISPs).

Downloads

Published

01-Aug-2012

Issue

Section

Research Article