Leaked US Proposal for TPP Chapter on Intellectual Property

Knowledge Ecology International received a leaked copy of the intellectual property chapter proposed by the U.S. at the February round of negotiations for the Trans Pacific Partnership.  It is available here: http://keionline.org/node/1091

The text includes strong enforcement measures, such including criminal penalties for non-commercial infringement, damages that consider the retail price of the IP-owner’s good, a requirement that ISPs to provide the identification of infringing customers, a requirement that border guards have ex officio power to seize goods suspected of trademark infringement – including in-transit shipments.  Provisions on data exclusivity and linkage have been left blank for now (with placeholder language to be filled in later), but health advocates have pointed to stricter standards for patentability standards that would require new uses and new methods of use of existing products.

Some of the first blog posts analyzing the content of the leaked text are:

Author

  • Mike Palmedo

    Mike Palmedo is the admin for infojustice.org, and he manages interdisciplinary research on copyright exceptions at American University College of Law's Program on Information Justice and Intellectual Property. He has Masters degrees Economics and in International Affairs, and is an economics PhD candidate.

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