While much of the attention on the Trans Pacific Partnership has focused on the intellectual property chapter, the e-commerce chapter raises potentially significant privacy implications. The details of the e-commerce chapter remain unknown – the chapter has not been leaked as the latest Singapore meeting wrapped up without a deal – but the leaked country-by-country position paper suggests that the participants are fairly close to consensus on at least two privacy related provisions.
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The U.S. Stands Alone: How the U.S. Is Increasingly Isolated on Intellectual Property Policy
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.
Canada Opposed To U.S. Positions On Dozens of Trans Pacific Partnership Issues
Today’s leak of country-by-country positions on the Trans Pacific Partnership reveals the strong isolation of the U.S. on many intellectual property issues and the wide ranging Canadian opposition to many U.S. proposals. With International Trade Minister Ed Fast heading to Singapore for a ministerial round of negotiations, Canada is apparently far apart from the U.S. on many key issues. The areas of disagreement run throughout the IP chapter and include positions on copyright term, digital locks, criminalization of copyright, parallel imports, patents, trademark scope, pharmaceutical protection, and geographical indications. Moreover, there is a notable disagreement on a cultural exception, which Canada wants but the U.S. does not.
A look at the areas of disagreement from the Huffington Post leak:
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