tpp why so secret? by Public Citizen (CC BY-NC-SA 2.0) https://flic.kr/p/daKbUD
This morning Wikileaks released an updated leaked version of the draft Trans Pacific Partnership intellectual property chapter. The latest leak dates from May 2014 (the previous leak was current to August 2013. I assessed it in posts here, here, here, here and here). The 77-page document provides a detailed look at the proposed chapter, complete with country positions on each issue. While a comprehensive assessment of the chapter will take some time, the immediate takeaway is that the U.S. remains fairly isolated in its efforts to overhaul patent and copyright law around the world with Canada emerging as the leading opponent of its demands.
Last week, negotiators from around the world gathered in Ottawa for negotiations on the Trans Pacific Partnership agreement. I was fortunate to be asked to meet with many of the intellectual property negotiators as part of a side session sponsored by the Electronic Frontier Foundation on the copyright implications of the agreement. EFF’s Jeremy Malcolm and Maira Sutton write about the event here, which also included Howard Knopf and Open Media’s Reilly Yeo.
My presentation, embedded below, focused on the Canadian notice-and-notice rules for Internet service provider liability. The government recently announced that notice-and-notice will take effect in January 2015. I explained the background of the Canadian approach, how it differs from the U.S. notice-and-takedown system, and how experience demonstrates its effectiveness.
Trade agreements have emerged in recent years as one of the federal government’s most frequently touted accomplishments. Having concluded (or nearly concluded) free trade deals with the likes of the European Union and South Korea, senior government ministers such as International Trade Minister Ed Fast and Industry Minister James Moore have held dozens of events and press conferences across the country promoting the trade agenda.
The next major agreement on the government’s docket is the Trans Pacific Partnership, a massive proposed trade deal that includes the United States, Australia, Mexico, Malaysia, Singapore, New Zealand, Vietnam, Japan, Peru, and Chile. While other trade talks occupy a prominent place in the government’s promotional plans, the TPP remains largely hidden from view. Indeed, most Canadians would be surprised to learn that Canada is hosting the latest round of TPP negotiations this week in Ottawa.
My weekly technology law column (Toronto Star version, homepage version) argues the secrecy associated with the TPP – the draft text of the treaty has still not been formally released, the precise location of the Ottawa negotiations has not been disclosed, and even the existence of talks was only confirmed after media leaks – suggests that the Canadian government has something to hide when it comes to the TPP.
The Trans Pacific Partnership negotiations resume next week and while an agreement does not appear imminent, reports from Japan indicate that the copyright term issue may have been resolved. Japan and Canada are two of several TPP countries whose term of copyright protection is life of the author plus 50 years. According to the Japan News, those countries (which also include New Zealand, Malaysia, Vietnam, and Brunei) are prepared to cave to U.S. pressure to extend the term of copyright to life of the author plus 70 years:
Among the 12 countries, Japan, Canada and four other countries protect an author’s copyright for 50 years after their death, the United States and four other countries for 70 years and Mexico for 100 years. Following the agreement, Japan will extend its duration by 20 years.
I participated in a panel titled The Internet, Free Trade, and Transparency: An International Perspective as part of Yale University’s Trade and Transparency in the Internet Age.
The panel was moderated by Margot Kaminski and the other participants were Peter Yu, Ante Wessels. We discussed the impact of WikiLeaks leaking a draft of Anti-Counterfeiting Trade Agreement and parts of the Trans-Pacific Partnership Agreement , another free trade agreement. Both leaks led to considerable public debate over both the content of the agreement and the negotiating process. The leaks, and their policy effects suggest there is a need for discussion of trade and transparency in the Internet Age.