[A2k] Forbes: Full IP Text Of TPP Trade Treaty Leaked Online

Zack Struver zack.struver at keionline.org
Wed Aug 5 07:56:03 PDT 2015


Full IP Text Of TPP Trade Treaty Leaked Online
Emma Woollacott

The full text of May’s intellectual property chapter for the Trans-Pacific
Partnership (TPP) trade agreement has been leaked online, confirming
earlier fears.

Released online by Knowledge Ecology International, the draft documents
reveal measures that go further than existing law in many countries – even
in, some areas, the US.

Under penalties for intellectual property infringement, for example, the
draft rules would require giving judges the authority to consider ‘any
legitimate measures of value the right holder submits’, giving examples
such as the market price or the suggested retail price.

And for copyright, possible penalties would have to include additional
damages, court costs, legal fees and the destruction of goods.

“These provisions are contrary to several US statutes, including for
example, 28 USC 1498(b), which limits remedies for copyright infringement
when the use is by or for the government. They would also contradict the
law in the United States following the two 1999 US Supreme Court Florida
Prepaid decisions regarding state sovereign immunity,” says KEI’s director,
James Love.

“The copyright remedies would prevent the Congress from acting on the June
2015 proposal  by the US Register of Copyrights to limit remedies for
copyright infringement in cases of Orphan Works.”

Meanwhile, copyright terms are still up in the air, with the US pushing for
life-plus-70-years. This would mean that Canada, Japan, New Zealand and
Malaysia would have to extend their terms by 20 years.

"From a Canadian perspective, the TPP would require a significant overhaul
of current Canadian law,” says Michael Geist, a law professor at the
University of Ottawa.

“If Canada and many non-US parties cave on key issues, this would include
extending the term of copyright, implementing new criminal provisions,
creating new restrictions on internet retransmission and adding the
prospect of website blocking for internet providers.”

The leak confirms fears raised last month when the Electronic Frontier
Foundation claimed that this draft criminalized those who bypass digital
rights management systems — even when they’re being bypassed for reasons
that don’t contravene copyright law.

Of course, with another round of talks having come to an end last Friday,
much of this draft may have been superseded. However, it’s the automotive,
dairy, and biologic drug patent provisions that have reportedly have led to
dissent during these latest talks, rather than IP.

This latest leak will pile even more pressure on negotiators. It’s a bit
early to say that the deal is unravelling, but with the talks still
unresolved, it’s looking increasingly unlikely that it can get a US vote
early next year as planned – and after that, the election could get in the
Zack Struver, Communications and Research Associate
Knowledge Ecology International
zack.struver at keionline.org
Twitter: @zstruver <https://twitter.com/zstruver>
Office: +1 (202) 332-2670 Cell: +1 (914) 582-1428

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