Each April, the U.S. Trade Representative releases the Special 301 report which represents its take on the countries with inadequate intellectual property laws. Inclusion on the report is often framed as an embarrassment as the U.S. seeks to paint those countries as out-of-step with international norms (Canadian officials have rightly dismissed the report as a lobbying document without substantive merit). The latest leaks of country positions on the Trans Pacific Partnership highlight that the opposite is true. It is increasingly the U.S. that is out-of-step with international norms as it seeks to export laws that are widely rejected by most other countries. From its demands for the criminalization of copyright (even in cases of inadvertent infringement) to the prospect of termination of Internet access over allegations of violations, the U.S. approach finds little support among most of its allies. While Canada opposes the U.S. on virtually all remaining IP issues in the TPP, the U.S. is often isolated on each issue, sometimes entirely alone or occasionally supported by one or two other countries.
Archive for December 9th, 2013

Law Bytes
Episode 264: Jon Penney on Chilling Effects in the Digital Age
byMichael Geist

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