what trans-pacific partnership agreement (tpp)? trans-pacific partnership (tpp) secretive, multi-nation trade agreement threatens extend restrictive intellectual property laws across globe.
9 nations negotiating tpp u.s., australia, peru, malaysia, vietnam, new zealand, chile, singapore, , brunei darussalam. expected finalized in november 2011, tpp contain chapter on intellectual property (copyright, trademarks, patents , perhaps geographical indications) have broad impact on citizens’ rights, future of internet’s global infrastructure, , innovation across world. leaked version of february 2011 draft u.s. tpp intellectual property rights chapter indicates u.s. negotiators pushing adoption of copyright measures far more restrictive required international treaties, including controversial anti-counterfeiting trade agreement.
tpp rewrite global rules on ip enforcement. signatory countries required conform domestic laws , policies provisions of agreement. in u.s. further entrench controversial aspects of u.s. copyright law (such digital millennium copyright act’s broad ban on circumventing digital locks , disproprotionate statutory damages copyright infringement) , restrict ability of congress engage in domestic law reform meet evolving ip needs of american citizens , innovative technology sector. leaked u.s. ip chapter includes provisions appear go beyond current u.s. law. raises significant concerns citizens’ due process, privacy , freedom of expression rights.
leaked u.s. ip chapter includes many detailed requirements more restrictive current international standards, , require significant changes other countries’ copyright laws. these include obligations countries to:
- treat temporary reproductions of copyrighted works without copyright holders' authorization copyright infringement. discussed rejected @ intergovernmental diplomatic conference created 2 key 1996 international copyright treaties, wipo copyright treaty , wipo performances , phonograms treaty.
- ban parallel importation of genuine goods acquired other countries without authorization of copyright owners.
- create copyright terms beyond internationally agreed period in 1994 agreement on trade-related aspects of ip. life + 70 years works created individuals, , following u.s.- oman free trade agreement, either 95 years after publication or 120 years after creation corporate owned works (such mickey mouse).
- adopt laws banning circumvention of digital locks (technological protection measures or tpms) mirror u.s. digital millennium copyright act (dmca) , treat violation of tpm provisions separate offence, when no copyright infringement involved. require countries new zealand rewrite innovative 2008 copyright law. override australia’s carefully-crafted 2007 technological protection measure regime exclusions region-coding on movies on dvds, videogames, , players, , embedded software in devices restrict access goods , services device -- thoughtful effort australian policy makers avoid pitfalls experienced u.s. digital locks provisions. in u.s., business competitors have used dmca try block printer cartridge refill services, competing garage door openers, , lock mobile phones particular network providers.
- adopt criminal sanctions copyright infringement done without commercial motivation, based on provisions of 1997 u.s. no electronic theft act.
- adopt u.s. dmca internet intermediaries copyright safe harbor regime in entirety. require chile rewrite forward-looking 2010 copyright law provides judicial notice , takedown regime, provides greater protection internet users’ expression , privacy dmca’s copyright safe harbor regime.
in short, countries have abandon efforts learn mistakes of u.s. experience on last 12 years, , adopt many of controversial aspects of u.s. copyright law in entirety. @ same time, u.s. ip chapter not export limitations , exceptions in u.s. copyright regime fair use, have enabled freedom of expression , technological innovation flourish in u.s. includes placeholder exceptions , limitations. raises serious concerns other countries’ sovereignty , ability of national governments set laws , policies meet domestic priorities.
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