Negotiating the IP Chapter of an EU–US Transatlantic Trade and Investment Partnership: Let’s Not Repeat Past Mistakes

Abstract

On 13 February 2013, United States President Barack Obama, European Council President Herman Van Rompuy and European Commission President Jose Manuel Barroso announced that, based on recommendations from the EU–US High Level Working Group on Jobs and Growth co-chaired by United States Trade Representative Kirk and European Trade Commissioner De Gucht, the United States and the European Union will each initiate the internal procedures necessary to launch negotiations on a Transatlantic Trade and Investment Partnership (TTIP). The TTIP is envisioned as an ambitious trade and investment agreement to promote international competitiveness, jobs, and growth. It will take prominence in high-level diplomatic conferences. United Kingdom Prime Minister David Cameron, for instance, has made clear that he wants to use his chairmanship of the G8 this year to promote trade liberalisation as a driver for economic growth and, in particular, to make progress on TTIP as the most ambitious bilateral trade deal in recent times. Preparations are now under way on both sides of the Atlantic – the US administration is consulting Congress, and Member States are discussing how the EU should handle the negotiations. The preparatory work should conclude soon, allowing formal negotiations between the EU and the US to commence this summer. Already the ground work is in place in the EU. On 12 March 2013, the Commission decided to request Member States’ agreement to open negotiations for a TTIP with the US. So what can we expect from the IP Chapter of the TTIP? The EU–US High Level Working Group on Jobs and Growth has already reported that both parties are committed to maintaining and promoting a high level of intellectual property protection, including enforcement, and to cooperating extensively. The Working Group has also stated that the two sides will sustain and enhance their work on IP