Dear all,

WikiLeaks has just released a leak of the Trans-Pacific Partnership's Intellectual Property chapter, this could give us some ideas of what to expect in TTIP:

https://wikileaks.org/tpp-ip3/WikiLeaks-TPP-IP-Chapter/WikiLeaks-TPP-IP-Chapter-051015.pdf

Significant issues for us:

Trade Secrets:
The trade secrets chapter employs the very broad definition of trade secrets that we are fighting in the EU trade secrets directive currently in trilogue negotiations. Whistleblowers and journalists are particularly concerned that this broad definition is used to keep information about corporate scandals out of the public eye.

Patents:
TPP states that all innovations must be patentable that aren't listed as possible exceptions. The list includes plants and animals, but not software. I'm no expert on this, but this could imply that the provision of software patents, that we have successfully fought in the EU, would be mandatory.

Copyright:
Minimum protection terms of 70 years after the death of the author (already the case in the EU, but will lead to significant increases in copyright terms for several Asia-Pacific countries, with the associated problems), mandatory criminal sanctions against the circumvention of technological protection measures.

Geographical Indications:
Unlike the other IP subchapters, the provisions are more aimed at limiting the scope of Geographical Indications rather than strengthening them. This is no surprise as GIs are particularly pushed by the EU and the US is more reluctant. Once TPP is in force, the US will probably be able to point at their international obligations under TPP while negotiating GIs in the frame of TTIP.

Some good elements:
A positive acknowledgement of the public domain, although without any binding commitments to promote it.
A liability exemption for linking to infringing material.

Best,