GRAIN | Fight for rights | Bilateral agreements imposing TRIPS-plus intellectual property rights on biodiversity in developing countries

Bilateral agreements imposing TRIPS-plus intellectual property rights on biodiversity in developing countries

Bilateral agreements imposing TRIPS-plus intellectual property rights on biodiversity in developing countries

GRAIN ▪ update of March 2008

AFRICA & MIDDLE EAST

European Free Trade Associationi

▪ EFTA-Algeria FTA | under exploration

▪ EFTA-Egypt FTA | 2007 | signed

Egypt is obliged to join UPOV (1978 or 1991 Act) and accede to the Budapest Treaty by 2011. Patents must be provided in "all fields of technology" ("at least" those covered under the TRIPS Agreement).ii

▪ EFTA-GCCiii FTA | under preparation

▪ EFTA-Jordan FTA | 2001 | in force

Jordan must join UPOV and accede to Budapest Treaty by 2006. Jordan must also ensure "adequate and effective patent protection for inventions in all fields of technology on a level similar to that prevailing in the European Patent Convention" which allows the patenting of transgenic plants and animals.iv

▪ EFTA-Lebanon FTA | 2004 | in force

Lebanon must join UPOV (1978 or 1991 Act) and accede to the Budapest Treaty by 2008.v

▪ EFTA-Morocco FTA | 2000 | in force

Morocco must join UPOV and accede to Budapest Treaty by 2000. Morocco must also provide "adequate and effective patent protection for inventions in all fields of technology on a level similar to that prevailing in the European Patent Convention" which allows the patenting of transgenic plants and animals.vi

▪ EFTA-Palestinian Authority FTA | 1998 | in force

Palestinian Authority must implement the "highest international standards" of IPR protection.vii

▪ EFTA-Tunisia FTA | 2004 | in force

Tunisia must join UPOV (1978 or 1991 Act) and accede to the Budapest Treaty by 2010. Tunisia will also do its utmost to accede to all IPR treaties to which EFTA states are party.viii

European Union

▪ Cotonou Agreement | 2000 | in force

The parties recognise the need to ensure adequate and effective protection of patents on plant varieties and on biotechnological inventions.ix

▪ EU-Algeria FTA | 2002 | agreed

Algeria shall accede to and implement UPOV (1991 Act) within 5 years of entry into force, although accession can be replaced by implementation of an effective sui generis system if both parties agree.x Algeria must accede to Budapest Treaty.xi

▪ EU-Central Africaxii EPA | under negotiation

▪ EU-Eastern and Southern Africaxiii EPA | under negotiation

▪ EU-Egypt FTA | 2001 | agreed

Egypt must join UPOV and accede to Budapest Treaty within five years of the agreement's entry into force.xiv

▪ EU-GCC FTA | under negotiation

▪ EU-Iran FTA | under negotiation

▪ EU-Jordan FTA | 1997 | in force

Jordan must join UPOV and accede to Budapest Treaty by 2007.xv

▪ EU-Lebanon FTA | 2002 | in force

Lebanon must join UPOV (1991 Act) and accede to Budapest Treaty by 2008.xvi

▪ EU-Morocco FTA | 2000 | in force

Morocco must join UPOV (1991 Act) and accede to Budapest Treaty by 2004.xvii

▪ EU-Palestinian Authority FTA | 1997 | in force

Palestinian Authority must implement the "highest international standards" of IPR protection.xviii

▪ EU-SADCxix EPA | under negotiation

The southern African signatories, according to one draft of the EPA, shall be obliged to ratify or accede to UPOV (1991) and comply with various provisions of the Budapest Treaty.

▪ EU-South Africa FTA | 1999 | in force

South Africa shall ensure adequate and effective protection for patents on biotechnological inventions. South African must also implement "highest international standards" of IPR protection and undertake to go beyond TRIPS standards of IPR protection.xx

▪ EU-Syria FTA | 2004 | agreed

Syria shall follow the "highest international standards" including, not limited to, the TRIPS Agreement. Syria shall also accede to the Budapest Treaty and the UPOV Convention (1991) within 5 years of applicability of Annex 6. However, Syria may replace accession to UPOV with implementation of an "adequate and effective" system for protection of plant varieties.xxi

▪ EU-Tunisia FTA | 1998 | in force

Tunisia must join UPOV (1991 Act) and accede to Budapest Treaty by 2002. Tunisia must also implement "highest international standards" of IPR protection.xxii

▪ EU-West Africaxxiii EPA | under negotiation

West African states, according to one draft of the EPA, shall be obliged to ratify or accede to UPOV (1991) and comply with various provisions of the Budapest Treaty.

United States

▪ African Growth & Opportunities Act | 2000 | in force

US trade benefits to 38 AGOA-eligible countries are unilaterally gauged on extent to which they go beyond TRIPS standards of IPR protection.xxiv

▪ US-Bahrain FTA | 2004 | in force

Bahrain must join UPOV upon entry into force and accede to Budapest Treaty within one year of entry into force.xxv

▪ US-Jordan FTA | 2000 | in force

Jordan must implement and join UPOV within one year of entry into force and partially implement Budapest Treaty. Jordan may not exclude plants or animals from patent law.xxvi

▪ US-Morocco FTA | 2004 | signed

Morocco must provide patents on plants and animals. Morocco must also ratify UPOV Convention (1991) and Budapest Treaty by 2006.xxvii

▪ US-Oman FTA | 2006 | signed

Oman must join UPOV (1991 Act) and accede to the Budapest Treaty by the time the FTA enters into force. And while it may exclude animals (other than microorganisms) from its patent law, Oman must allow patents on plants.xxviii

▪ US-SACU FTA | negotiations suspended

The "far reaching" intellectual property provisions of the US proposal have been one reason why the talks broke down. The US is now considering offering SACU a Trade and Investment Cooperation Agreement instead of an FTA.

▪ US-United Arab Emirates FTA | negotiations suspended

ASIA & PACIFIC

European Free Trade Association

▪ EFTA-China FTA | study to be launched

▪ EFTA-India FTA | negotiations to start in 2008

▪ EFTA-Indonesia FTA | under exploration

▪ EFTA-Korea FTA | 2005 | signed

Korea is obliged to patent plants and animals.xxix

▪ EFTA-Thailand FTA | under negotiation

European Union

▪ Cotonou Agreement | 2000 | in force

The parties recognise the need to ensure adequate and effective protection of patents on plant varieties and on biotechnological inventions.xxx

▪ EU-ASEANxxxi FTA | soon under negotiation

▪ EU-Bangladesh Cooperation Agreement | 2001 | in force

Bangladesh must endeavour to join UPOV (1991 Act) and to accede to the Budapest Treaty by 2006.xxxii

▪ EU-India FTA | under negotiation

▪ EU-Korea Trade and Cooperation Agreement | 2001 | in force

Korea shall make efforts to accede as soon as practicable to the UPOV Convention (1991 Act) and to the Budapest Treaty.xxxiii

▪ EU-Korea FTA | under negotiation

▪ EU-Pacificxxxiv EPA | under negotiation

▪ EU-Sri Lanka Cooperation Agreement | 1995 | in force

Sri Lanka shall implement the "highest international standards" of IPR protection.xxxv

Japan

▪ Japan-Malaysia FTA | 2005 | in force

Malaysia must "recognise the importance of protecting new plant varieties in a manner consistent with internationally harmonised system. For this purpose, [Malaysia] shall ensure that rights relating to new plant varieties are adequately protected."xxxvi

▪ Japan-Thailand FTA | 2007 | signed and ratified

Thailand shall "recognise the importance of protecting new varieties of plants in a manner based on international standards. For this purpose, [Thailand] shall ensure that rights relating to new varieties of plants are adequately protected." Furthermore, Thailand "shall ensure that any [Japanese patent] application shall not be rejected solely on the grounds that the subject matter claimed in the application is related to a naturally occurring mico-organism."xxxvii

▪ Japan-Indonesia FTA | 2007 | signed

Indonesia shall comply with and endeavour to join UPOV (1991).xxxviii

Switzerland

▪ Switzerland-Viet Nam IPR Agreement | 1999 | in force

Viet Nam must join UPOV (1991 Act) by 2002.xxxix

United States

▪ US-Cambodia IPR Agreement | 1996 | in force

Cambodia must join UPOV.xl

▪ US-Korea FTA | signed, but not ratified

Korea will assure patent protection for newly developed plant varieties and animals.xli

▪ US-Korea IPR Agreement | 1986 | in force

Korea must join Budapest Treaty.xlii

▪ US-Laos BTA | 2003 | in force

Laos must join UPOV (1978 or 1991 Act) "without delay". Laos must also provide patents for inventions in all fields of technology, without exclusion for plants or animals.xliii

▪ US-Mongolia TRA | 1991 | in force

No exclusions for plants or animals from patent law permitted.xliv

▪ US-Malaysia FTA | under negotiation

▪ US-Singapore FTA | 2003 | in force

Singapore must join UPOV (1991 Act) within six months of entry into force or by end 2003, whichever sooner. Singapore must also allow patents on all forms of plants and animals ("each Party may exclude inventions from patentability only as defined in Articles 27.2 and 27.3(a) of the TRIPS Agreement").xlv

▪ US-Sri Lanka IPR Agreement | 1991 | in force

No exclusions for plants and animals from patent law permitted.xlvi

▪ US-Thailand FTA | under negotiation

▪ US-Viet Nam FTA | 2000 | in force

Viet Nam must implement and make best effort to join UPOV. Viet Nam must also provide patent protection on all forms of plants and animals that are not varieties, as well as on inventions that encompass more than one variety.xlvii

LATIN AMERICA & CARIBBEAN

European Free Trade Association

▪ EFTA-Chile FTA | 2003 | in force

Chile must join the UPOV Convention (1978 or 1991 Act) by 2007 and accede to the Budapest Treaty by 2009.xlviii

▪ EFTA-Mexico FTA | 2000 | in force

Mexico must join UPOV and accede to the Budapest Treaty by 2002.xlix

European Union

▪ Cotonou Agreement | 2000 | in force

The parties recognise the need to ensure adequate and effective protection of patents on plant varieties and on biotechnological inventions.l

▪ EU-Andean Communityli FTA | under negotiation

▪ EU-Caribbeanlii EPA | initialled

The Caribbean states are obliged to accede to the Budapest Treaty and consider acceding to UPOV (1991).liii

▪ EU-Central Americaliv FTA | under negotiation

According to an unofficial draft of the intellectual property chapter of February 2008, the Central American states will be required to comply with the UPOV Convention (1991) as well as Articles 2-9 of the Budapest Treaty.lv

▪ EU-Mercosurlvi FTA | under negotiation

▪ EU-Mexico FTA | 2000 | in force

Mexico must accede to Budapest Treaty within three years of entry into force. Mexico shall also provide "highest international standards" of IPR protection.lvii

▪ EU-Caribbeanlviii EPA | initialled

Obliges the Caribbean states to accede to the Budapest Treaty and to consider acceding to UPOV (Act of 1991). Commits the parties to further develop legal protection of traditional knowledge and genetic resources within the frame of patent law.lix

Japan

▪ Japan-Chile FTA | 2007 | in force

Chile must join UPOV (1991) by 2009.lx

United States

▪ Andean Trade Preferences Act | 1991 | in force

US trade benefits to Bolivia, Ecuador, Colombia and Peru unilaterally gauged on extent to which they go beyond TRIPS standards of IPR protection.lxi

▪ Caribbean Basin Trade Partnership Act | 2000 | in force

US trade benefits for up to 24 eligible countries unilaterally gauged on extent to which they go beyond TRIPS standards of IPR protection.lxii

▪ Free Trade Area of the Americas | negotiations suspended

US negotiating position is "no exclusions" for plants or animals from patent law. Actual negotiating text contains many proposals to enforce UPOV, patent plants and animals and put traditional knowledge under IPR regimes.lxiii

▪ North America Free Trade Agreement | 1994 | in force

Mexico must implement and join UPOV within two years of entry into force.lxiv

▪ US-Chile FTA | 2003 | in force

Chile must join UPOV (1991 Act) and provide patents on any invention in any field of technology without exception. "Each Party will undertake reasonable efforts...to develop and propose legislation within 4 years from the entry into force of this Agreement that makes available patent protection for plants that are new, involve an inventive step, and are capable of industrial application".lxv

▪ US-Colombia FTA | 2006 | concluded

Colombia must join UPOV (1991 Act) by 2008 or entry into force, whichever later, and accede to the Budapest Treaty. Colombia must also make "all reasonable efforts" to provide patents on plants. Once it does, it cannot reverse this policy.lxvi

▪ US-Dominican Republic-Central America FTA | 2004 | signed

Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras and Nicaragua must join UPOV (1991 Act) or provide patents on plants. Those that do not provide patents on plants by the time of the agreement's entry into force must make "all reasonable efforts" to do so. Once they do, they must maintain that policy.lxvii

▪ US-Ecuador IPR Agreement | 1993 | signed but not in force

Ecuador must conform with UPOV if it does not grant patents on plant varieties.lxviii

▪ US-Ecuador FTA | negotiations suspended

▪ US-Nicaragua IPR Agreement | 1998 | in force

Nicaragua must join UPOV. Nicaragua may not exclude plants or animals from patent law.lxix

▪ US-Panama FTA | 2006 | concluded

Panama must join UPOV (1991 Act) by 2010 or entry into force, whichever later, and accede to the Budapest Treaty. Panama must also make "all reasonable efforts" to provide patents on plants. Once it does, it cannot reverse this policy.lxx

▪ US-Peru FTA | 2005 | signed

Peru must join UPOV (1991 Act) by 2008 or entry into force, whichever later, and accede to the Budapest Treaty. Peru must also make "all reasonable efforts" to provide patents on plants. Once it does, it cannot reverse this policy.lxxi

▪ US-Trinidad & Tobago IPR Agreement | 1994 | in force

Trinidad & Tobago must implement and make best effort to join UPOV.lxxii

i Composed of Iceland, Norway, Switzerland and Liechtenstein.

ii EFTA-Egypt Free Trade Agreement, 2007, Art 23 Click here and Annex V, Click here

iii Gulf Cooperation Council: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates.

iv EFTA-Jordan Free Trade Agreement, Art 17, Click here and Annex VI, Click here

v Free Trade Agreement EFTA - Republic of Lebanon, Annex V, Click here

vi EFTA-Morocco Free Trade Agreement. Click here [Art 16] and Click here [Annex V]

vii Interim Agreement between the EFTA States and the PLO for the Benefit of the Palestinian Authority. Click here [Art 15]

viii Free Trade Agreement between the States of the European Free Trade Association and the Republic of Tunisia, 17 December 2004, Annex V. Click here

ix Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States, CE/TFN/GEN/23-OR, ACP/00/0371/00, 8.2.00. http://www.bilaterals.org/article.php3?id_article=27 [Art 45]

x Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part – Annexes 1 to 6 and Protocols Nos 1 to 7, Council of the European Union, Brussels, 12 April 2002, 6786/02 ADD1 AL1, Annex 6, Art 3 http://www.bilaterals.org/article.php3?id_article=413

xi Ibid, Annex 6, Art 1.

xii Cameroon, Chad, Congo, Equatorial Guinea, Gabon and São Tomé and Príncipe

xiii Burundi, Comores, Democratic Republic of Congo, Djibouti, Eritrea, Ethiopia, Kenya, Madagascar, Malawi, Mauritius, Rwanda, Seychelles, Sudan, Uganda, Zambia and Zimbabwe

xiv Proposal for a Council and Commission Decision on the conclusion of a Euro-Mediterranean Association Agreement between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, COM (2001) 184 final, Official Journal of the European Communities C 304 E/2 of 30 October 2001, http://www.bilaterals.org/article.php3?id_article=408 [Art 37 and Annex VI].

xv Euro-Mediterranean Association Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, signed on 24 November 1997 and entered into force on 1 May 2002, Official Journal of the European Communities L 129 of 2002, http://www.bilaterals.org/article.php3?id_article=409 [Art 56 and annex VII]

xvi Interim agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Lebanon, of the other part, Official Journal of the European Communities L 262/2 of 30 September 2002 http://www.bilaterals.org/article.php3?id_article=414. [Annex 2.2]

xvii Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, Official Journal of the European Communities (OJ) L 070 of 18 March 2000, p. 0002-0204. http://www.bilaterals.org/article.php3?id_article=415 [Annex 7, Art 1]

xviii Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, Official Journal L 187 of 16 July 1997, p. 0003-0135. http://www.bilaterals.org/article.php3?id_article=417 [Title II, Art 33]

xix Southern Africa Development Community, involving Angola, Botswana, Lesotho, Mozambique, Namibia, Swaziland, Tanzania and South Africa. See Section 10, Articles 10-11 of the draft EU-SADC Economic Partnership Agreement dated June 2007 at http://www.bilaterals.org/article.php3?id_article=9719

xx Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, Official Journal L 311 of 4 December 1999 p. 0003-0297. http://www.bilaterals.org/article.php3?id_article=419 [Art 46]

xxiProposal for a Council Decision on the conclusion of a Euro-Mediterranean Association Agreement between the European Community and its Member States of the one part, and the Syrian Arab Republic, of the other part, COM (2004) 808 final, Brussels, 17 December 2004. Click here Article 72 and Annex VI

xxii Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, Official Journal L 097 of 30 March 1998 p. 0002-0183. http://www.bilaterals.org/article.php3?id_article=418 [Annex 7]

xxiii Benin, Burkina Faso, Cape Verde, Côte d'Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone and Togo. See Section 10, Articles 10-11 of the draft EU-ECOWAS Economic Partnership Agreement dated April 2007 in English (http://www.bilaterals.org/article.php3?id_article=9721) or in French (http://www.bilaterals.org/article.php3?id_article=9745).

xxiv Trade and Development Act of 2000. http://www.agoa.gov/agoa_legislation/agoatext.pdf [Sec B.211.5.b.ii]

xxv US-Bahrein Free Trade Agreement, 2004, Click here [Art 14.1.2 and 14.11]

xxvi Agreement Between the United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area. http://www.bilaterals.org/article.php3?id_article=248 [Art 4.1(b), Art 4.18, Art 4.21 and Art 4.29(b)].

xxvii US-Morocco Free Trade Agreement, 2004, Click here [Art 15.9.2]

xxviii US-Oman Free Trade Agreement, 2006, Click here [Art 15.1.2 and Art 15.8.2]

xxix Free Trade Agreement between the EFTA States and the Republic of Korea, 15 December 2005,

Click here [Annex XIII, Article 2(a)]

xxx Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States, CE/TFN/GEN/23-OR, ACP/00/0371/00, 8.2.00. http://www.bilaterals.org/article.php3?id_article=27 [Art 45]

xxxi Association of South East Asia Nations: Brunei, Burma, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam.

xxxii Cooperation Agreement between the European Community and the People's Republic of Bangladesh on partnership and development, OJ C143 of 21 May 1999. [Art 4.5] Cooperation Agreement between the European Community and the People's Republic of Bangladesh on partnership and development, Official Journal L 118 , 27/04/2001 P. 0048 – 0056. http://www.bilaterals.org/article.php3?id_article=407

xxxiii Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, Brussels, 30 March 2001, http://trade-info.cec.eu.int/doclib/html/111835.htm, Article 9 and Annex 1.

xxxiv Cook Islands, Fiji, Kiribati, Marshall Islands, Micronesia, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.

xxxv Council Decision of 27 March 1995 concerning the conclusion of the Cooperation Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on Partnership and Development. http://www.bilaterals.org/article.php3?id_article=808 [Art 8.1.a]

xxxvi Agreement between the Government of Japan and the Government of Malaysia for a Free Trade Agreement, December 2005, Click here [Art 123]

xxxvii Japan-Thailand Economic Partnership Agreement, as signed on 3 April 2007, Click here [Art 135.1 and 130.3] A side letter signed by both governments attempts to "clarify" that Art 130.3 does not oblige either party to patent naturally-occuring microorganisms and their components. See Click here

xxxviii Agreement between Japan and Indonesia for an Economic Partnership, as signed on 20 August 2007. Click here [Art 106.3 and 116]

xxxix Abkommen zwischen dem Schweizerischen Bundesrat und der Sozialistischen Republik Vietnam über den Schutz des geistigen Eigentums und über die Zusammenarbeit auf dem Gebiet des geistigen Eigentums. http://www.admin.ch/ch/d/ff/2000/1521.pdf [Art 2 and Annex 1]

xl Agreement between the United States of America and the Kingdom of Cambodia on Trade Relations and Intellectual Property Rights Protection. http://www.bilaterals.org/article.php3?id_article=387 [Art XI.1]

xli Office of the United States Trade Representative, "Free trade with Korea: Summary of the KORUS FTA", Trade Facts, USTR, Washington DC, April 2007. Click here The actual text of the agreement is not yet publicly available.

xlii Record of Understanding on Intellectual Property Rights. http://www.bilaterals.org/article.php3?id_article=388 [Sec. B.6]

xliii Agreement between the United States of America and the Lao People's Democratic Republic on Trade Relations. http://www.bilaterals.org/spip_redirect.php3?id_article=809 [Art 13 and 18]

xliv Agreement on Trade Relations between the Government of the United States of America and the Government of the Mongolian People's Republic. http://www.bilaterals.org/ecrire/articles.php3?id_article=810 [Art 9(c)i]

xlv US-Singapore Free Trade Agreement, May 2003. http://www.bilaterals.org/ecrire/articles.php3?id_article=247 [Art 16.1 and Art 16.7]

xlvi Agreement on the Protection and Enforcement of Intellectual Property Rights between the United States of America and the Democratic Socialist Republic of Sri Lanka. http://www.bilaterals.org/ecrire/articles.php3?id_article=389 [Sec 2c]

xlvii Agreement between the United States of America and the Socialist Republic of Vietnam on Trade Relations. http://usembassy.state.gov/vietnam/wwwhbta.html [Chpt II: Art 1.3 and Art 7.2(c)]

xlviii EFTA-Chile Free Trade Agreement, Article 46, Click here

and Annex XII, Click here

xlix EFTA-Mexico Free Trade Agreement. Click here [Art 16] and Click here [Annex XXI]

l Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States, CE/TFN/GEN/23-OR, ACP/00/0371/00, 8.2.00. http://www.bilaterals.org/article.php3?id_article=27 [Art 45]

li Bolivia, Ecuador, Colombia and Peru.

lii Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saint Lucia, St. Kitts and Nevis, St. Vincent and the Grenadines, Suriname and Trinidad and Tobago.

liii Economic Partnership Agreement between the CARIFORUM states, of the one part, and the European Community and its member states, of the other part, initialled on 10 December 2007, for signature in 2008. http://www.bilaterals.org/article.php3?id_article=10956 [Chpt 2, Art 9 and Art 11]

liv Costa Rica, El Salvador, Guatemala, Honduras, Panama and Nicaragua.

lv Título sobre propiedad intelectual, proyecto de Tratado de Libre Comercio entre la Unión Europea y América Central (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá), texto no oficial, 2008, http://www.bilaterals.org/article.php3?id_article=11711 [Artículos 9 y 11]

lvi Common Southern Market: Argentina, Brazil, Paraguay, Uruguay and Venezuela.

lvii Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, Official Journal L 276/45 of 28 October 2000. http://www.bilaterals.org/ecrire/articles.php3?id_article=416 [Art 12.1]. Decision No 1/-- of the Joint Council. http://www.bilaterals.org/ecrire/articles.php3?id_article=416 [Title IV, Art 36.2 and 36.4].

lviii Economic Partnership Agreement between the CARIFORUM states, of the one part, and the European Community and its member states,

of the other part, as initialled on 16 December 2007. http://www.bilaterals.org/article.php3?id_article=10956

lix EC non-paper, CARIFORUM-EC EPA, Elements for a section on IPRs, circa November 2006, available at http://www.bilaterals.org/article.php3?id_article=6496 [Art 12.1 and Art 11.1.1]

lx Agreement between Japan and the Republic of Chile for an Economic Strategic Partnership, March 2007, Click here [Art 162]

lxi Andean Trade Preferences Act. http://www.mac.doc.gov/atpa/webmain/legislation1.htm [Sec 3202(d)9 and 3202(c)2b.ii]

lxii US-Caribbean Trade Partnership Act of 2000. http://www.mac.doc.gov/CBI/Legislation/cbileg-00.htm [Sec B.211.5.b.ii]

lxiii Free Trade Area of the Americas, Third Draft Agreement, 21 November 2003, Chapter on Intellectual Property Rights, http://www.ftaa-alca.org/FTAADraft03/ChapterXX_e.asp. The US negotiating position as of early 2001: http://www.ustr.gov/regions/whemisphere/intel.html.

lxiv North America Free Trade Agreement, Chapter 17, Intellectual Property. Click here [Art 1701.2 and Annex 1701.3]

lxv US-Chile Free Trade Agreement, 2003 Click here [Art 17.1 and 17.9]

lxvi US-Colombia Trade Promotion Agreement, signed on 27 February 2006: Click here [Chapter 16, Art

lxvii US-Dominican Republic-Central America Free Trade Agreement, 2004, Click here [Chapter 15, Art 15.1 and 15.9]

lxviii Agreement between the Government of the United States of America and the Government of Ecuador Concerning the Protection and Enforcement of Intellectual Property Rights. http://www.bilaterals.org/article.php3?id_article=384 [Art 6.1(c)]

lxix Agreement between the Government of the United States of America and the Government of the Republic of Nicaragua Concerning Protection of Intellectual Property Rights. http://www.bilaterals.org/article.php3?id_article=392 [Art 1.2 and Art 7.2]

lxx US-Panama Free Trade Agreement, draft of December 2006. Click here [Art 15.3 and 15.9.2]

lxxi US-Peru Trade Promotion Agreement, draft of 6 January 2006 (subject to legal review), Articles 16.1.2, 16.1.3 and 16.9.2. Click here

lxxii Memorandum of Understanding between the Government of the United States of America and the Government of Trinidad and Tobago Concerning Protection of Intellectual Property Rights. http://www.bilaterals.org/article.php3?id_article=395 [Art 1.2]