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:
- James Love. Knowledge Ecology International. The complete Feb 10, 2011 Text of the US Proposal for the TPP IPR Chapter. March 10, 2011.
- Michael Geist. University of Ottawa. U.S. Intellectual Property Demands for TPP Leak: Everything it Wanted in ACTA But Didn’t Get. March 11, 2011.
- Mike Masnick. Tech Dirt. US Proposals For Secret TPP ‘Son Of ACTA’ Treaty Leaked; Chock Full Of Awful Ideas. March 11, 2011.
- Nate Anderson. Ars Technica. Son of ACTA: Meet the Next Secret Copyright Treaty. March 11, 2011.