Kimberlee Weatherall from University of Queensland TC Beirne School of Law has written a detailed analysis of the copyright and IP enforcement provisions of the US proposed text for the IP chapter of the Trans Pacific Partnership that was leaked last February. She describes the text as a “mash-up” of provisions found in the Australia-US Free Trade agreement and ACTA.
Her summary lists fourteen examples of proposed TPP provisions that would clash with Australian law: parallel importation; copyright term; anti-circumvention and RMI laws; rights in sound recordings; presumptions patent and trademark validity; damages and statutory damages; the privacy of alleged infringers; protection of commercial information in customs disputes; seizure of in-transit goods; customs determinations of infringement; criminal provisions; criminal liability for labels; camcording; aiding and abetting; sentencing guidelines; and online safe harbors. Weatherall also notes that some of the balancing features that were added to ACTA late in the negotiations are not found in the US TPP proposal.
