[Ip-health] [A2k] New York Times: Trump Just Signed the U.S.M.C.A. Here’s What’s in the New NAFTA.

Benjamin Henrion bhenrion at ffii.org
Thu Jan 30 06:48:26 PST 2020

On Thu, Jan 30, 2020 at 11:59 AM Thiru Balasubramaniam
<thiru at keionline.org> wrote:
> https://www.nytimes.com/2020/01/29/business/economy/usmca-deal.html
> Trump Just Signed the U.S.M.C.A. Here’s What’s in the New NAFTA.
> A trade agreement with Mexico and Canada revises Mexico’s labor laws and
> encourages more auto production in North America.
> By Ana Swanson and Jim Tankersley
> Jan. 29, 2020
> WASHINGTON — President Trump signed the revised North American Free Trade
> Agreement into law on Wednesday, fulfilling a campaign promise to rewrite
> “one of the worst trade deals” in history.
> “Today we are finally ending the NAFTA nightmare,” Mr. Trump said during a
> White House signing ceremony, calling the new trade deal a “colossal
> victory” for farmers, factory workers and other countries.
> Much of the new United States-Mexico-Canada Agreement simply updates the
> 25-year-old North American Free Trade Agreement, with new laws on
> intellectual property protection, the internet, investment, state-owned
> enterprises and currency.
> <SNIP>
> Less protection for drug companies
> In a major concession to Democrats, the Trump administration agreed to pare
> back certain protections for an advanced and very expensive class of drugs
> called biologics. The final agreement removes a provision that had offered
> the drugs 10 years of protection from cheaper alternatives in both Canada
> and Mexico.
> The agreement expands other protections for intellectual property rights,
> for example, extending the 50 years of protection for copyrights in NAFTA
> to 70 years. It also includes new criminal penalties for theft of trade
> secrets, including cybertheft.
> In a major win for tech firms, it gives internet companies like Facebook
> and YouTube certain protections from lawsuits related to the user content
> posted on their platforms. It also sets new standards by prohibiting
> governments from asking tech companies to disclose their source code or put
> duties on electronic transmissions.
> <SNIP>
> Ending a special system of arbitration for companies
> One of the biggest areas of contention stemmed from the mechanisms that
> companies and governments could turn to when they believed another party
> had violated NAFTA.
> In a major change, the U.S.M.C.A. rolls back a special system of
> arbitration that allowed companies to sue governments for unfair treatment.
> The provision was criticized both by the Trump administration, which said
> it encouraged outsourcing, and by Democrats, who said it gave corporations
> too much power to challenge environmental and consumer regulations.

Those are ISDS courts right?


Benjamin Henrion <bhenrion at ffii.org>
FFII Brussels - +32-484-566109 - +32-2-4148403
"In July 2005, after several failed attempts to legalise software
patents in Europe, the patent establishment changed its strategy.
Instead of explicitly seeking to sanction the patentability of
software, they are now seeking to create a central European patent
court, which would establish and enforce patentability rules in their
favor, without any possibility of correction by competing courts or
democratically elected legislators."

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