[Ip-health] The complete Feb 10, 2011 text of the US proposal for the TPP IPR chapter

Thiru Balasubramaniam thiru at keionline.org
Thu Mar 10 09:13:39 PST 2011


The complete Feb 10, 2011 text of the US proposal for the TPP IPR  
By James Love
Created 10 Mar 2011 - 11:00am
KEI has obtained the February 10, 2011 US government draft of the  
intellectual property chapter of the Trans-Pacific Partnership  
Agreement (TPP).


The text is marked to be "protected from unauthorized disclosure," and  
the USTR is seeking to classify the document until four years from  
entry into force of the close of the negotiations. The document has  
been distributed to all member states particpating in the TPP  
negotiations, so it is not secret from any of the parties in the  
negotiations. The document may also be subject to review by the  
hundreds of corporate insiders who serve on USTR advisory board. It  
is, however, secret from the taxpayers and voters who live in the  
United States, and people everywhere who are going to live under the  
new norms. In this case, the secret text involves tough new rules for  
patents, copyright and related rights including broadcaster rights and  
expressions of folklore, digital rights management information,  
trademarks, domain names, geographic indicators, regulatory test data  
for pharmaceutical drugs and agricultural products. There are also  
more than 15 pages of oblgiations regarding the enforcement of those  
rights, including criminal sanctions against infringers.

KEI objects to the policy of making the negotiating text of  
intellectual property agreements secret, particularly when the  
documents are distributed to all parties in a negotiations, and thus  
are only secret from the public. The Congress needs to intervene and  
require that such texts be made public routinely.

This Document Contains TPP CONFIDENTIAL Information
Derived From: Classification Guidance
dated March 4, 2010
Reason: 1.4(b)
Declassify on: Four years from entry into force of the TPP agreement  
or, if no agreement enters into force, four years from the close of  
the negotiations.

* This document must be protected from unauthorized disclosure, but  
may be mailed or transmitted over unclassified e-mail or fax,  
discussed over unsecured phone lines, and stored on unclassified  
computer systems. It must be stored in a locked or secured building,  
room, or container.

Source URL: http://keionline.org/node/1091
[1] http://keionline.org/sites/default/files/tpp-10feb2011-us-text-ipr-chapter.pdf


Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru at keionline.org

Tel: +41 22 791 6727
Mobile: +41 76 508 0997

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