The New Zealand and Chile proposals for the TPP leaked last week are now available. They are less detailed than other IP chapters in trade agreements with the US, generally upholding TRIPS and concentrating more on cooperation between parties and promoting a balance of rights among stakeholders. The Chilean text includes a provision affirming parties’ rights to “establish provisions to facilitate the exercise of permitted act where technological measures have been applied.” The New Zealand text requires parties to implement the provisions “in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and… preserves fundamental principles such as rights and freedom of expression, fair process and privacy.” However, the New Zealand proposal contains proposals on copyright enforcement that would include criminal procedures for non-commercial copyright infringement.
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