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Leaked TPP Text Confirms Countries Had Plenty to Hide

The Trans Pacific Partnership Agreement, a massive proposed trade deal that includes Canada, the United States, Australia, Mexico, Malaysia, Singapore, New Zealand, Vietnam, Japan, Peru, and Chile, has long been the target of criticism owing to the veil of secrecy associated with the draft text. While negotiations have been ongoing for several years, participating countries have steadfastly refused to release the working text that addresses everything from agriculture to copyright, claiming that trade talks must be conducted behind closed doors.

Last week, Wikileaks released a leaked version of the intellectual property chapter, which confirmed that the U.S. hopes to use the agreement to export extreme intellectual property provisions that are out-of-step with international norms. Indeed, the 95-page document validates fears that the real reason for the TPP secrecy is that the negotiating countries have plenty to hide.

My weekly technology law column (Toronto Star version, homepage version) notes that while many of the leaked proposals are cause for concern, the good news is that Canada often finds itself opposing some of the most draconian demands with negotiators promoting Canadian law as a suitable alternative.

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November 19, 2013 5 comments Columns

The Trans Pacific Partnership IP Chapter Leaks: Canada Would Face Copyright Term Extension

My series of posts on the leak of the Trans Pacific Partnership intellectual property chapter continues with a look at the term of copyright (earlier posts 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, […]

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November 18, 2013 9 comments News
Feta tins with plants by Sean O'Sullivan (CC BY-NC 2.0) https://flic.kr/p/6Vz2W7

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

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).

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November 15, 2013 7 comments News

The TPP IP Chapter Leaks: U.S. Demanding Overhaul of Canadian Anti-Counterfeiting Bill

The leak of the Trans Pacific Partnership intellectual property chapter confirms that the many concerns about the agreement were well-founded. My earlier posts highlighted Canada’s opposition to many U.S. proposals and U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring. This post focuses on some of the anti-counterfeiting requirements in the TPP.  The anti-counterfeiting issue is particularly relevant from a Canadian perspective because the government has proposed significant new anti-counterfeiting measures in Bill C-8, which is currently at second reading in the House of Commons and being studied by the Industry Committee. If the U.S. border measures demands are included in the TPP, Bill C-8 would be wholly inadequate to meet Canada’s new treaty obligations.

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November 15, 2013 4 comments News

The Trans Pacific Partnership IP Chapter Leaks: The Battle Over Internet Service Provider Liability

The leak of the Trans Pacific Partnership intellectual property chapter generated global coverage as full access to the proposed text provided a wake-up call on U.S. demands and the clear opposition from many TPP countries. My first post highlighted Canada’s opposition to many U.S. proposals, but nowhere is that more evident than in the section on Internet service provider liability. In fact, ISP liability in the TPP is shaping up to be a battle between Canada and the U.S., with countries lining up either in favour of a general notification obligation (Canada) or a notice-and-takedown system with the prospect of terminating subscriber Internet access and content blocking (U.S.).

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November 14, 2013 14 comments News