Updated Secret Trans-Pacific Partnership Agreement – IP Chapter

Updated Secret Trans-Pacific Partnership Agreement – IP Chapter
wikileaks.org

A: General Provisions [seems boring]

B: Cooperation [seems boring]

C: Trademarks

D: Geographical Indications

E: Patents [including genetic stuff - probably controversial]

- Article QQ.E.2387: {Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources}

F: Industrial Designs

G: Copyright

- [basically Fair Use:] - Article QQ.G.Y: {Limitations and Exceptions} - "Each Party shall endeavor to achieve an appropriate balance in its copyright and related rights system, inter alia by means of limitations or exceptions... including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to: criticism, comment, news reporting, teaching, scholarship, research, and other similar purposes..."

- [DRM stuff:] - Article QQ.G.10: {Technological Protection Measures}

H: Enforcement

    [NZ/CL/PE/VN/BN/MY/SG/CA4/MX5 propose; US/JP oppose: The objectives of this Chapter are:

International agreements are always negotiated privately before being submitted to legislatures for public comment and ratification.

Domestic laws are done the same way. The terms of any major bill before the U.S. Congress, for instance, are first negotiated in private among a smaller group of legislators before being introduced for public debate and amendment.

Business deals are usually done the same way. Two companies considering a merger negotiate the terms in private first, then present the deal to their boards/shareholders for approval.

1. Subject to the provisions of paragraph 2 and 3, each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that the invention is new, involves an inventive step, and is capable of industrial application.

which appears to mean software patents in the EU; and mathematical patents in the US (because MX specifically try to exclude that below)

Also this:

[CL/NZ/PE/MY/BN/VN/CA/MX oppose: Except as otherwise provided in this Chapter, including Article QQ.G.8 (Berne 18/TRIPS 14.6),] a Party shall not be required to restore protection to subject matter than on the date of entry into force of this Agreement has fallen into the public domain in its territory.

So the Govt's of CL/NZ/PE/MY/BN/VN/CA/MX appear to want to reprotect parts of the public domain?