This chapter argues for the necessity of inclusiveness of all stakeholders and the balance between public and private interests in the negotiation of future intellectual property clauses in regional and mega-regional trade and investment agreements. Since the conclusion of the TRIPS agreements in 1994, negotiations of trade and investment agreements have resulted in a series of ‘plus’ clauses that point towards overwhelming lobbying success of corporations in defending private commercial agendas while the interests of the public, be it as consumers, citizens or states are neglected. Driven by curiosity as to what might be in store for future mega-regionals such as the TTIP, we trace the emergence of these plus-clauses, sketch their development, and advise negotiators of future intellectual property clauses in trade and investment agreements to make use of the academic discourse and to deliver on democratic values.
This chapter essentially reflects the text of the presentation given at the Dresden Mega Regionals Conference in October 2014. References have been updated as of December 2015
