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The TPP IP Chapter Leaks: TPP and CETA May Conflict on Geographical Indications

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Friday November 15, 2013
My series of posts on the leak of the Trans Pacific Partnership intellectual property chapter has highlighted Canada's opposition to many U.S. proposals, U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, as well as anti-counterfeiting provisions that are inconsistent with Bill C-8. This post discusses the section on protection for geographical indications and explains how U.S. demands conflict with Canada has already agreed to in the trade agreement with Europe (CETA).

As I discussed in a post on CETA last month, the Canada - EU deal contains some notable new restrictions on the sale and marketing of cheese in Canada. Under the umbrella of geographical indications, Canada has agreed to new limitations on several well known cheeses including asiago, feta, fontina, gorgonzola, and munster. Existing Canadian producers can continue to use these names, but that's it - any future cheese makers will need to qualify the title by using words such as "imitation" or "style". This is a significant concession that effectively gives rights to existing producers on what many consumers would view as generic names.

The U.S. wants the TPP to take the opposite approach, starting with a general provision stating that trademarks should be sufficient to provide protection. Where parties do provide geographical indication protection (Canada obviously does), the U.S. wants an opposition system to object to them. Moreover, it wants to stop any country from prohibiting third parties from using translated versions of geographical indication (except for wines and spirits) or from using a term that is evoked by the geographical indication. The U.S. also wants the possibility that geographical terms may become customary in common language (ie. feta).

Canada is opposed to all of these proposals (as are most other TPP countries) and it seems unlikely that the U.S. will get its way on all of them. Yet the draft text demonstrates the potential for conflict, which could easily extend to many other areas of the TPP that remain shrouded in secrecy.
Comments (7)add comment

pat donovan said:

orphan porn
the register is telling about a few 13-15 yr old canadian boys busted for child porn, saving and passing around selfies from a web-site.

The self destructing ones, natch.

betcha they qualify as orphan works, free to anyone who wants to use them. (sterilized, sanitized and self-serving data) Or child porn, as they were (used for) extortion attempts from teenagers.

I call it velleeta-shots.

betcha it makes me liable, too.


November 15, 2013

Dan said:

@ pat donovan
"betcha they qualify as orphan works, free to anyone who wants to use them. (sterilized, sanitized and self-serving data)"

You can't possibly wonder why "voices" like yours go unheard; what's wrong with you?
November 15, 2013

drive by commentor... said:

some commenters post to the internet to derail open discussions and side track topics...
I am never sure if they are troubled people with mental health issues or, if they are agents of groups that want any thought provoking discussion side tracked or ended.

November 15, 2013

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