Wikileaks dumped the TPP's final draft of intellectual property law

 
More Than Mortal
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Here.

They have beefed up the TRIPS support from the draft and strengthened the provision allowing countries to ignore TPP when it clashes with public health policy.

The compromise on publication of IP registrations excludes the wording a couple of countries were seeking to allow them not to publish for things they considered obscene but makes it an objective rather then mandatory for most forms.

The first signs of harmonization, as with every other trade treaty its a statement of intent rather then actual harmonization. An international registry with a single application process would be a nice outcome. In this section they also dropped the adoption of traditional knowledge exceptions to patents and instead simply restated the last WIPO treaty.

Nothing unexpected in trademarks, only US change is that we are going to start recognizing geographical marks. All the advanced economies part to TPP already have domestic laws in place to deal with cybersquatting and the section simply mandates that parties have a process in place rather than enforcing anything draconian.

Patentability changes have been dropped since the draft, new section allowing countries to exclude patents on things they consider harmful.

Administrative delay extension has been made optional.

Data exclusivity has been retained on agricultural chemicals and pharma. Exclusivity for pharma is too short to survive patent exclusivity on IND's and TPP excludes new uses & compositions from exclusivity requirements.

Patent linkage has been mostly switched to a duration extension, USTO is pushing towards replacing pharma patents with a post-approval exclusivity period and this is a nice transition towards this. Remaining portions of patent linkage are much weaker then they previously were. Section also suggests countries adopt their own accelerated approvals process. It still contains an allowance for countries to adopt linkage though.

As expected biologics have a greater informational exclusivity period (8 years vs 5) but with a provision to come back to it in a decade for review.

Copyright terms are life + 70, already standardized in other treaties.

Explicit fair use requirement.

This is the copyright enforcement section that people were getting upset about before, some minor changes from the draft. As expected enforcement section doesn't require service providers to spy on people, hand over data whenever rights-holders ask for it or any of the draconian measures which people claimed would absolutely be in there. Not familiar with the IP protection regimes of all the countries party to TPP but everything seems fairly normal, I don't imagine this will impact anyone beyond the the developing economies. Criminal enforcement is only mandated for commercial scale violations but doesn't actually state what those penalties should be (beyond high enough to discourage). There is safe-harbor and notice & counter-notice in TPP though.
Last Edit: October 09, 2015, 02:49:21 PM by Meta as Fuck


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Anonymous (User Deleted) | Legendary Invincible!
 
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The whole secrecy thing about TPP has me concerned about it.


MyNameIsCharlie | Mythic Inconceivable!
 
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Get of my lawn
The whole secrecy thing about TPP has me concerned about it.

That makes two of us


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"With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably."
โ€”Judge Aaron Satie
โ€”โ€”Carmen
The TPP is a reflection of the WTO's evil.


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So it's fucking nothing, right?

In terms of affecting first-world countries that is.


 
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This is the way the world ends. Not with a bang but a whimper.
The whole secrecy thing about TPP has me concerned about it.

That makes two of us
Trade deals are almost always negotiated in secret to preserve the positions of the negotiating teams.


Anonymous (User Deleted) | Legendary Invincible!
 
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The whole secrecy thing about TPP has me concerned about it.

That makes two of us
Trade deals are almost always negotiated in secret to preserve the positions of the negotiating teams.
Well, that makes sense, but it still doesn't put me at ease TBH.


 
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Someone want to explain why I should be concerned over this?


CIS | Legendary Invincible!
 
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Someone want to explain why I should be concerned over this?

Here's the EFF's summary of the leaked text. Decide for yourself I guess.

https://www.eff.org/deeplinks/2015/10/final-leaked-tpp-text-all-we-feared


 
More Than Mortal
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This is the way the world ends. Not with a bang but a whimper.
Someone want to explain why I should be concerned over this?
You shouldn't, which is the point of the OP. The shit flying around about TPP/TTIP is no different from the NAFTA scaremongers back in the 90s.


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Sigs fo nigs
Someone want to explain why I should be concerned over this?
You shouldn't, which is the point of the OP. The shit flying around about TPP/TTIP is no different from the NAFTA scaremongers back in the 90s.
Well that comes as a relief.


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But this means that wealth will flow more easily to less developed nations.  We can't have that.