Analysis of the TPP’s draft Intellectual Property Rights agreement

On Concurring Opinions, Margot Kaminski provides her analysis of the leaked draft of the TPP’s (Trans-Pacific Partnership) Intellectual Property Rights agreement that was published by WikiLeaks just ahead of Nov. 19-24, 2013 TPP Chief Negotiators summit in Salt Lake City. See Kaminski’s Capture, sunlight, and the TPP leak and The TPP and Copyright.

Quoting from the WikiLeaks announcement about the draft TPP’s Intellectual Property Rights:

The TPP is the largest-ever economic treaty, encompassing nations representing more than 40 per cent of the world’s GDP. … The chapter published by WikiLeaks is perhaps the most controversial chapter of the TPP due to its wide-ranging effects on medicines, publishers, internet services, civil liberties and biological patents. Significantly, the released text includes the negotiation positions and disagreements between all 12 prospective member states.

“It’s not a pretty picture,” wrote EFF’s Maira Sutton and Parker Higgins. They examine the following issues presented in the leaked draft:

  • Copyright Terms
  • Fair Use and Fair Dealing
  • Intermediary liability
  • Anti-Circumvention
  • Temporary Copies
  • Patents

From locking in excessive copyright term limits to further entrenching failed policies that give legal teeth to Digital Rights Management (DRM) tools, the TPP text we’ve seen today reflects a terrible but unsurprising truth: an agreement negotiated in near-total secrecy, including corporations but excluding the public, comes out as an anti-user wish list of industry-friendly policies.

For details, see Sutton and Higgins’ TPP Leak Confirms the Worst: US Negotiators Still Trying to Trade Away Internet Freedoms. — Joe

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