Latest news about the TPP
December 6, 2013-Representative
Waxman sends letter to USTR expressing strong disagreement with 12
years of data exclusivity in the TPP (links to waxman.house.gov)
December 5, 2013-Vatican criticizes TRIPS+ and ISDS provisions in FTAs at WTO Ministerial Conference (links to wto.org)
December 2, 2013-Tech Dirt: Lobbyist Insists His Meeting About 'TPP IP Issues' Wasn't about TPP IP Issues
December 1, 2013-Aljazeera America: US push on intellectual property conflicts with international norms
November 28, 2013-Article 19: Trans Pacific Partnership Agreement: Intellectual Property Chapter
November 27, 2013-US's Proposed TPP Transition Period for Middle-Income Parties is Fools Gold (links to healthgap.org)
November 26, 2013-Washington Post: Here's why Obama trade negotiators push the interests of Hollywood and drug companies (links to washingtonpost.com)
November 24, 2013-The Globe and Mail: Canada must learn from NAFTA legal battles (links to theglobeandmail.com)
November 24, 2013-Scoop: Outrageous US bullying on IP and Health at TPPA Talks (links to scoop.co.nz)
November 23, 2013-The Washington Post:E-mails show cozy relationship between Obama trade negotiators and industry group
November 22, 2013-HuffingtonPost: For Free Trade's Sake, Get IP Out of TPP (links to huffingtonpost.com)
November 19, 2013-La Jornada: Guajardo y el ATP
November 19, 2013-The Salt Lake Tribune: Trade talks open in Utah, but secrecy spurs protests
November 19, 2013-Huffington Post: Trans-Pacific Partnership Agreement Runs Into Serious Resistance Due to Public Scrutiny (links to huffingtonpost.com)
November 19, 2013-MSF/Doctors Without Borders: Access to medicines in grave danger as Trans-Pacific Partnership talks continue (links to msfaccess.org)
November 15, 2013-The Washington Post: Five key questions - and answers - about the leaked TPP text
November 14, 2013-The Washington Post: Leaked Treaty is a Hollywood wish list. Could it derail Obama['s trade agenda?
November 14, 2013-Infojustice.org: Law Professors Call for Public Process for Trans Pacific Partnership (TPP) Intellectual Property Chapter
November 13, 2013-McClatchy DC: Critics say U.S. is going too far to protect drug companies in trade talks
November 13, 2013-Public Citizen: Leaked Documents Reveal Obama Administration Push for Internet Freedom Limits, Terms That Raise Drug Prices in Closed-Door Trade Talks
November 12, 2013-The New York Times: House Stalls Trade Pact Momentum
November 11, 2013-The Guardian: Want 'free trade'? Open the medical and drug industry to competition
November 8, 2013-Eyes on Trade: 38 Million Retirees Join Workers and Consumers to Say No to "Trade" Deal Terms that Would Make Medicine More Expensive (links to citizen.typepad.com)
November 7, 2013-EFF: How Can the New York Times Endorse an Agreement the Public Can't Read?
October 31, 2013-Tempo.co: Impacts of TPP on Indonesia
October 28, 2013-Global Post: TPP countries to speed up talks on intellectual property
Open Letter to TPP Countries: Don't Trade Away Health - See more at:
Open Letter to TPP Countries: Don't Trade Away Health - See more at:
http://www.doctorswithoutborders.org/publications/article.cfm?id=6871&cat=open-letters&ref=footer-features#sthash.ZWsffmkA.dpufJuly 15, 2013 - MSF Access Campaign:
Trans-Pacific trade agreement could choke off patient access to affordable generic medicines (links to msfaccess.org)July 14, 2013 - The New York Times: How Intellectual Property Reinforces Inequality (links to nytimes.com)
More articles on A2M and the TPP here
Joint Statement of Civil Society Groups on U.S. TPP Copyright Proposal
The below is a joint statement from Public Citizen, EFF, Knowledge Ecology International, and Public Knowledge.
The Office of the U.S. Trade Representative announced a new copyright proposal today for the Trans-Pacific Partnership (TPP) negotiations. One part of the proposal is a "3-step test" that may restrict copyright exceptions like fair use.
The USTR says that its proposal - the text of which is still secret - will include provisions that may mimic Article 13 of the WTO TRIPS accord, which says:
Members shall confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.
We are concerned that, depending on the actual text and its scope and interpretation, the provision in the TPP will restrict fair use and other copyright exceptions and limitations crucial for the progress and access of culture, science, education, and innovation.
In a 2000 dispute involving an exception to copyright for the United States, the WTO has defined the 3-step test narrowly and restrictively, making it difficult to justify a statutory limitation or exception to the exclusive rights of copyright, in the areas where the WTO says the test applies.
The risk is that (a) the 3-step test is extended to another fora, and (b) more importantly to exceptions now outside of the 3-step test.
The 2000 WTO interpretation has been criticized in the Max Planck Institute Declaration on a balanced interpretation of the three-step test.
According to the Max Planck Declaration:
“The Three-Step Test has already established an effective means of preventing the excessive application of limitations and exceptions. However, there is no complementary mechanism prohibiting an unduly narrow or restrictive approach. For this reason, the Three-Step Test should be interpreted so as to ensure a proper and balanced application of limitations and exceptions. This is essential if an effective balance of interests is to be achieved.”
It is vitally important that exceptions and limitations to copyright be protected in international trade agreements.
While we are supportive of efforts to protect and expand the use of copyright exemptions in certain areas, such as to protect education and facilitate the development of new Internet services, a provision in the TPPA that includes a restrictive 3-step step may work in the opposite direction of what is needed.
It is critical to ensure that any language introducing the three-step test not only include reference to the Max Planck Declaration to ensure that the test is not so narrowly construed, but also to ensure that it is without prejudice to other existing limitations and exceptions that fall outside this test that are included in international conventions. In particular, we note that the Berne Convention and the Rome Convention both have several articles that specifically provide for copyright limitations and exceptions without a 3-step test.
For press inquires, please contact:
Electronic Frontier Foundation
International Intellectual Property Director
Knowledge Ecology International
Krista L. Cox
Legal Counsel, Global Access to Medicines Program
Director, Global Knowledge Initiative
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