In the months following the conclusion of the Trans Pacific Partnership, critics pointed to many specific problems in the text with respect to intellectual property, culture, privacy, and dispute resolution. TPP defenders consistently dismissed those concerns, yet last week’s successful Canadian demand to suspend many of the most problematic IP provisions (along with holding out for reforms to the cultural exemption) confirms that the government has recognized the validity of the criticisms. The government may yet cave to U.S. pressure in the NAFTA renegotiation, but it has established a clear position on culture and IP that better reflects the national interest.
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
Rethinking IP in the TPP: Canadian Government Plays Key Role in Suspending Unbalanced Patent and Copyright Rules
Years of disappointment in trade negotiations have left many Canadian intellectual property watchers hoping for the best, but expecting the worst when it comes to the IP provisions in trade deals. In earlier talks, Canadian negotiators would often advocate balanced positions during the negotiations, but ultimately cave to (primarily) U.S. pressures during the final round of talks. Given that history, this week’s outcome of the TPP11 is reason for celebration as the second largest economy in the TPP finally acted like it. The Liberal government demonstrated genuine leadership in demanding significant changes to the flawed TPP intellectual property chapter and refusing to back down under intense pressure from some of the negotiating parties. The result isn’t perfect, but the newly named Comprehensive and Progressive Agreement for the Trans Pacific Partnership (CPTPP), which still requires considerable negotiation, features a significantly improved IP chapter that suspends some of the most problematic provisions.
Global Music Lobby Groups Hit Ottawa in Blitz Over Copyright Term Extension
Global groups such as the International Confederation of Music Publishers and the U.S. National Music Publishers Association came to Ottawa this week to lobby the government to extend the term of copyright beyond the Berne Convention standard of life of the author plus an additional 50 years. The lobbying effort kicked off with a Hill Times piece, followed by an evening wine and dine event with politicians, a panel from the supposedly progressive Pearson Centre for Progressive Policy, and then yet more lobbying with Canadian music lobby groups. The lobbying campaign comes on the heels of the controversial 2015 copyright extension of sound recordings, which some groups used to sow confusion about the term of protection for sound recordings (from 50 to 70 years) with the term of protection for the composition or written work (frequently longer at life plus 50 years).
The TPP is Back: My Submission on the Canadian Government’s TPP11 Consultation
The Trans Pacific Partnership, once left for dead after U.S. President Donald Trump withdrew from the agreement, is back with negotiations on a TPP11 (the original agreement featured 12 countries) set to resume next week. With reports indicating that dozens of provisions may be suspended, the Canadian government just concluded a public consultation on the issue. My full submission is posted below. It expresses concern with the lack of TPP transparency and provides comments on five substantive areas: dispute settlement, copyright, patents, e-commerce/digital trade, and culture.
NAFTA and the Digital Environment: My Keynote on Striking a Fair Balance on Copyright and Digital Policy
Earlier this week, I had the opportunity to deliver a keynote lecture at American University, Washington College of Law on NAFTA and the digital environment. A video of the talk can be found here (my remarks start just after 11:40) and is embedded below.
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