Dear friends, here is a short summary I've written for my political group on the
chapter, this may be of interest to you as well:
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-Cha…
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,
Julia
Am 09.10.2015 um 18:19 schrieb Ivan Martínez
<galaver(a)gmail.com>om>:
Hi folks.
Today TPP chapter regarding to Intellectual Property Rights was leaked by Wikileaks [1]
and seems to be very dangerous. As Chilean NGO Derechos Digitales has pointed [2] some
clauses as the named "Appropiate Balance in Copyright and Related Rights
Systems", that can force to the signatory countries to make changes into their own
Right Laws to have more restrictions.
[1]
https://wikileaks.org/tpp-ip3/
[2]
https://www.derechosdigitales.org/9421/tpp-restringe-la-adopcion-excepcione…
(in Spanish)
Thanks,
--
Iván Martínez
Presidente - Wikimedia México A.C.
User:ProtoplasmaKid
@protoplasmakid
Hemos creado la más grande colección de conocimiento compartido. Ayuda a proteger a
Wikipedia, dona ahora:
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