TPP final negotiated text – IP chapter
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TPP final negotiated text – IP chapter
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Re: TPP final negotiated text – IP chapter
#2"Article QQ.H.7: {Criminal Procedures and Penalties}"
"Each Party shall provide for criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or copyright or related rights piracy on a commercial scale. In respect of willful copyright or related rights piracy, “on a commercial scale” includes at least:"
"(b) significant acts, not carried out for commercial advantage or financial gain, that have a substantial prejudicial impact on the interests of the copyright or related rights owner in relation to the marketplace 135,136."
"135 It is understood that a Party may comply with subparagraph (b) by addressing such significant acts under its criminal procedures and penalties for non-authorized uses of protected works, performances and phonograms" (All emphasis Ed.) "in its domestic law."
Does it mean the law is going to be:
Sing a song on the birthday party, don't pay the copyright => you are a criminal?
What are actually the "significant acts, not carried out for commercial advantage or financial gain, that have a substantial prejudicial impact on the interests of the copyright or related rights owner in relation to the marketplace"?
Re: TPP final negotiated text – IP chapter
#3This definitely feels like a political end run, going back on humanitarian progress we've recently made such as on generic drugs. Treaties as a way around that pesky will-of-the-people thing. "Oh we can't go back on that, we signed a treaty. Sorry about your justified outrage."
Re: TPP final negotiated text – IP chapter
#4Oh, I didn't realize the significance of the waiting period in Canada! Although from what I've heard, this won't change anyone's mind about Harper.
Re: TPP final negotiated text – IP chapter
#5"Article QQ.H.7: {Criminal Procedures and Penalties}" "Each Party shall provide for criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or copyright or related rights piracy on a commercial scale. In respect of willful copyright or related rights piracy, “on a commercial scale” includes at least:" "(b) significant acts, not carried out for commercial advantage or fina…
It does say "on a commercial scale", so it has to be big. However, I think using bittorrent counts since you are offering to upload the file to anyone on the internet who asks for it. Just singing it at a single private party wouldn't be included, but a restaurant chain singing it for every birthday party would.
Not sure what "prejudicial impact" means, but it's probably something that would keep people from buying the copyrighted version.
Re: TPP final negotiated text – IP chapter
#6This definitely feels like a political end run, going back on humanitarian progress we've recently made such as on generic drugs. Treaties as a way around that pesky will-of-the-people thing. "Oh we can't go back on that, we signed a treaty. Sorry about your justified outrage."
Sounds really dangerous:
https://wikileaks.org/tpp-ip3/pharmaceutical/Pharmaceutical%...
"Marketing exclusivity for new forms and uses of old medicines could be considered a form of evergreening. Since marketing exclusivity applies regardless of the patent status of a drug, even off-patent medicines presented in the forms and uses described below would not have a generic competitor."
Re: TPP final negotiated text – IP chapter
#7Oh, I didn't realize the significance of the waiting period in Canada! Although from what I've heard, this won't change anyone's mind about Harper.
No, but it will make a huge difference choosing between Trudeau & Mulcair. Mulcair is unequivocably against the TPP, Trudeau said he'll "thoroughly examine" it.
Re: TPP final negotiated text – IP chapter
#8This definitely feels like a political end run, going back on humanitarian progress we've recently made such as on generic drugs. Treaties as a way around that pesky will-of-the-people thing. "Oh we can't go back on that, we signed a treaty. Sorry about your justified outrage."
Sounds really dangerous: https://wikileaks.org/tpp-ip3/pharmaceutical/Pharmaceutical%... "Marketing exclusivity for new forms and uses of old medicines could be considered a form of evergreening. Since marketing exclusivity applies regardless of the patent status of a drug, even off-patent medicines presented in the forms and uses described below would not have a generic competitor."
Yes, I don't think it's any exaggeration when they say that the TPP agreement will kill people. Medicine vital to survival will be priced out of reach of some of the less fortunate, and some of them will die. This bill is not safe for public consumption.
My hope is that this particular issue will be bigger than they thought it would be due to the recent price issues around Daraprim (from $13.50 a pill to $750).
Re: TPP final negotiated text – IP chapter
#9This definitely feels like a political end run, going back on humanitarian progress we've recently made such as on generic drugs. Treaties as a way around that pesky will-of-the-people thing. "Oh we can't go back on that, we signed a treaty. Sorry about your justified outrage."
You can always decide to exit a treaty. If enough people voted in representatives willing to exit the treaty it would be done.
The TPP isn't a real treaty as that requires a 2/3 vote in the Senate its what's known as a trade promotion authority.
Constitutional amendments trump treaties. If anything is found to be unconstitutional in the treaty by SCOTUS, then the treaty may need to be broken.
Re: TPP final negotiated text – IP chapter
#10[deleted]