Author: Carrie Ellen Sager

TPP’s Effects on the IP Law of Canada and Mexico

Another round of TPP negotiations on intellectual property is underway this week in Chile, and two additional countries are looking to get in on the action: Mexico and Canada. However, both countries may have trouble getting their citizenry to agree to the IP provisions if they remain in their current form. To determine how much each country would have to change its laws to comply with TPP requirements, PIJIP asked me to compare the TPP’s leaked IP chapter with the existing law in each country, as well as the countries’ obligations under NAFTA. Unsurprisingly, the TPP provides far more stringent limitations than NAFTA, and would require major legal changes by both countries. Canada is currently in the final stages of updating its Copyright Act with Bill C-11, a process it has been working on since 2005. Many of the changes in that legislation have been contentious, and neither consumer groups nor rightholders are satisfied with the current form, but it seems that the current compromise is likely to finally pass. The TPP provisions would require Parliament to start the process over again, as many of them conflict with existing law or C-11’s provisions. Mexico, meanwhile, is already facing a schism over ACTA between its executive branch, which wants to sign, and its legislative branch, which has voted to reject ACTA. With the TPP imposing even more onerous IP provisions...

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TPP vs. ACTA – Line by Line

As the TPP heads for its next intersessional meeting on IP provisions in April, public concern about the agreement has been growing, often tied to the previous public outcry over SOPA/PIPA and ACTA. The enforcement provisions in the IP section of the TPP have been described as “ACTA-plus,” but to what extent is the TPP an ACTA clone? And how far beyond ACTA does the TPP go? To answer these questions, PIJIP asked me to prepare a comprehensive comparison of the copyright enforcement provisions in the U.S. proposal for an TPP Chapter on IP with those in ACTA. One important difference is that the TPP proposal contains the DMCA notice and takedown provisions that were stripped from ACTA. When these provisions initially appeared in the leaked ACTA internet section, commenters expressed concern that this would export the DMCA to the rest of the world; though they were eventually stripped from ACTA, the TPP now stands poised to reintroduce these provisions. The TPP is more restrictive than ACTA in many of the other areas where ACTA was controversial, including blocking circumvention of technological protection measures, criminalizing rights infringement, and allowing substantial civil fines for infringement. We hope that these documents will be useful.  Please send additions, corrections, or other feedback to pijip@wcl.american.edu. TPP – ACTA Comparison: Highlights TPP – ACTA Comparison Table...

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