Mar 202012
 

Wyden has proposed two amendments relating to intellectual property and trade policy to the Jumpstarting Our Business Sector Act (JOBS Act).

The first is a reaction to the Obama Administration’s assertion that it can bind the United States to ACTA without Congressional Approval.  The Wyden ACTA amendment states that “the President may not accept, or provide for the entry into force with respect to the United States of, any legally binding trade agreement that imposes obligations on the United States with respect to the enforcement of intellectual property rights, including the Anti-Counterfeiting Trade Agreement, without the formal and express approval of Congress.”  For more analysis, see Sean Flynn’s blog “Wyden Amendment Needed to Challenge Dubious ACTA Justification.”

The second requires greater transparency by USTR of its negotiating positions at the negotiations of the Trans Pacific Partnership.  The Wyden TPP transparency amendment would require USTR to post on its website within 30 days every document tabled in previous negotiations that describes “a position of, or proposal made by, the United States with respect to intellectual property, the Internet, or entities that use the Internet, including electronic commerce.”  Going forward, USTR would be required to post these documents online within 24 hours of their being shared with negotiating partners.

At a Senate Finance Committee hearing on the Obama Administration’s trade policy on March 7, Sen. Wyden asked U.S. Trade Representative Ron Kirk to address both of these issues.  See earlier notes on the exchange over ACTA and the transcript of the exchange over TPP transparency.

 

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  5 Responses to “Wyden Offers Amendments on ACTA and TPP”

  1. [...] occasion of Senator’s Wyden’s proposed amendments halting the US ratification of ACTA without express (ex post) congressional approval provides a [...]

  2. Wyden is doing good work, but not accomplishing much. The first one is just a statement of his position in regards to constitutional interpretation (not much is required) of Article 1 section 8. The president doesn’t have this power, and Wyden is right about it. No need to codify the constitution (though with this SCOTUS, maybe we do). The second one seems incomplete, I’d like to know what information is being given to the united states negotiators as well as what they are providing.

  3. [...] the secrecy surrounding the negotiations continues unabated. Senator Ron Wyden has introduced amendments to pending legislation aimed at putting an end to this secrecy. The amendment would require the [...]

  4. [...] Sen. Wyden proposed two amendments relating to IP and trade policy to the Jumpstarting Our Business Sector Act (JOBS Act).  The first states that “the President may not accept, or provide for the entry into force with respect to the United States of, any legally binding trade agreement that imposes obligations on the United States with respect to the enforcement of intellectual property rights, including the Anti-Counterfeiting Trade Agreement, without the formal and express approval of Congress.” The second requires USTR to post on its website within 30 days every document tabled in previous negotiations that describes “a position of, or proposal made by, the United States with respect to intellectual property, the Internet, or entities that use the Internet, including electronic commerce.”  Going forward, USTR would be required to post these documents online within 24 hours of their being shared with negotiating partners. Click here for more. [...]

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