[A2k] KEI TPP Analysis and Notes on Injunctions, Test Data, Damages, TPMs

Manon Ress manon.ress at keionline.org
Thu Nov 21 09:05:01 PST 2013

Most Recent KEI TPP Analysis and Notes include:

- KEI TPP provisions on Injunctions, are the TRIPS exceptions in or out?
This note looks at the TPP, ACTA and TRIPS provisions on injunctions, and
finds the TPP text unclear, as regards the possibility of exceptions to the
obligation to make injunctions available in cases in of infringements. We
have asked USTR and USPTO to clarify this issue.

- KEI TPP Note: Exceptions for regulatory test data
This is the short briefing note that KEI is sending to TPP negotiators, on
the issue of regulatory test data, which is currently a monopoly without
space for exceptions, in the TPP text.

- KEI TPP Note: Damages language in IP Chapter conflicts with US copyright
law, blocks Green Paper reforms
What the TPP proposes is to increase the standards for damages, on all IP
cases, and for knowing infringements, at all times, with no exceptions.
There is no evidence that such an across the board increase in global norms
is needed, or would provide net benefits to US right holders, consumers and
businesses that provide access to information, or produce new innovations.

-Leaked TPP Text Versus the USPTO Green Paper: Cell Phone Unlocking
The USPTO’s green paper on “Copyright Policy, Creativity and Innovation in
the Digital Economy” surveys current copyright law and notes that there are
several areas where reform may be welcome. In many of these areas, the
USPTO green paper demonstrates an openness to discussion on these issues or
support existing efforts and proposals. Despite this support in some areas
for reform and despite the USPTO’s involvement in the Trans-Pacific
Partnership (TPP) negotiating process, there are several areas where the
United States’ position in the TPP could hinder such reform. One area
concerns the circumvention of technological protection measures (TPMs) also
known as "digital locks," including to allow the unlocking of cell phones
to allow consumers to take their phone from one carrier to another where
they are no longer bound by a service contract. As the leaked text reveals,
the United States' position on TPMs would hinder reform designed to allow
the unlocking of cell phones.

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