TPP On Steroids

On Wednesday, a working draft of the “intellectual property chapter” of the TPP was published on WikiLeaks. Unlike previous leaks, this one is very recent—dating to the most recent negotiating round in August 2013. Importantly, it also has comments and annotations from each country, with their current position on any given provision. The next round of TPP talks is set for November 19-24 in Salt Lake City, Utah.

…the TPP aims to provide “comprehensive market access,” “regulatory coherence,” and, most notably for the tech community, a commitment “to ensure an effective and balanced approach to intellectual property rights among the TPP countries.” The IP chapter represents just one part of the overall treaty.

The agreement is currently being negotiated among representatives of nine Pacific Rim countries: Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, Vietnam, and the United States. Japan, Mexico, and Canada have recently entered the negotiations as well.

“I would say it’s ACTA-plus, not ACTA redux,” Gwen Hinze, the Electronic Frontier Foundation’s (EFF) international IP director, told Ars last year. In other words, if you loved to hate the Anti-Counterfeiting Trade Agreement (ACTA), then you may love to hate the Trans-Pacific Partnership Agreement (TPP) even more.

Another provision, supported by the US, Australia, and a few others, appears to impose a six strikes-style regime that could ultimately lead to customers suspected of copyright piracy being kicked off their ISP. The provision advocates:
A) adopting and reasonably implementing a policy that provides for termination in appropriate circumstances of the accounts of repeat infringers


(working draft)

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