Each April, the U.S. Trade Representative releases the Special 301 report which represents its take on the countries with inadequate intellectual property laws. Inclusion on the report is often framed as an embarrassment as the U.S. seeks to paint those countries as out-of-step with international norms (Canadian officials have rightly dismissed the report as a lobbying document without substantive merit). The latest leaks of country positions on the Trans Pacific Partnership highlight that the opposite is true. It is increasingly the U.S. that is out-of-step with international norms as it seeks to export laws that are widely rejected by most other countries. From its demands for the criminalization of copyright (even in cases of inadvertent infringement) to the prospect of termination of Internet access over allegations of violations, the U.S. approach finds little support among most of its allies. While Canada opposes the U.S. on virtually all remaining IP issues in the TPP, the U.S. is often isolated on each issue, sometimes entirely alone or occasionally supported by one or two other countries.
Consider the remaining IP issues in the TPP and respective support for the U.S. position:
Issue |
Supporters of U.S. Position |
Opposition to the U.S. Position |
Patentability criteria | Australia | All other TPP countries (Japan reserves position) |
Supplementary patent protection | None | All other TPP countries |
Extend patent protection to new uses (plants, animals, surgical procedures) | Singapore | All other TPP countries (Japan reserves position) |
Pharmaceutical: linkage | None | All other TPP countries |
Pharmaceutical: data protection | None | All other TPP countries |
Copyright: technological protection measures | Australia, Peru, Mexico, Singapore | Chile, Brunei, Malaysia, Vietnam, Japan (NZ, Canada reserve positions) |
Copyright: term of protection | None | All other TPP countries |
Copyright: parallel importation | None | All other TPP countries |
Copyright: ISPs (Chilean proposal) | None | All other TPP countries (Japan reserves position) |
Criminal offenses for unintentional infringement of copyright and trademark | None | All other TPP countries |
Criminal penalties for unauthorized camcording | NZ, Peru, Chile, Mexico, Singapore, Brunei, Vietnam, Japan | Australia, Canada, Malaysia |
Inclusion of other IP treaties for ratification and implementation | Australia | All other TPP countries (Singapore reserves position) |
National treatment: maintain TRIPS exclusions | Australia | All other TPP countries (Mexico, Canada reserve position) |
Trademarks: inclusion of scents | Australia, NZ, Peru, Singapore | All other TPP countries (Brunei reserves position) |
Geographical Indications: protection through a brand | All other TPP countries | Chile (Australia, NZ reserve position) |
Geographical Indications: systems for nullifying and opposing GIs recognized in other treaties | Australia, NZ | All other TPP countries (Japan reserves position) |
Geographical Indications: do not prohibit third party use of translated GI | None | All other TPP countries (Japan reserves position) |
Geographical Indications: existence of GI should not be reason to reject registration or renewal of trademark | None | All other TPP countries (Japan reserves position) |
While the U.S. is aligned with Australia on several key issues, for the most part its proposals are not supported by other TPP countries. The numerous disagreements place on the spotlight on an uncomfortable reality for the U.S.: its intellectual property demands are increasingly out-of-step with the rest of the world and do not represent either actual or emerging international norms.
Down with down under
What’s up with Australia? They seem to be kowtowing an awful lot to the USA. Must have some dirt or a really large carrot.
Australia
I haven’t looked into this in detail, but I know that Australia signed a bilateral trade agreement with the US a few years back. I suspect they’ve already accepted a number of these things, so they’re basically “no change” for Australia now.
the inside joke
The us government always finds a method to break the rules, so why bother.
The new Australian government is probably bought and paid for, as the GCHQ is in Britain.
remove U.S.
Why don’t the other countries just sign an agreement sans the U.S.
I’ve been reading disturbing reports on Twitter that in Singapore, “all but one” of the negotiating countries have “caved” and agreed to support the US positions on the IP chapter. The source of this information appears to be a publication called the “Washington Trade Daily” which I’ve never heard of. Have you heard anything about these rumors?
Co-ordinator Casino Environment Centre, Nsw Australia
There is an urgent need to organise mass demonstrations all over Australia! The TPP is a direct threat to Australia’s sovereignty and has huge implications on our ability to protect an already seriously damaged environment.Examples of big firms taking countries to WTA arbitration under the dispute resolution agreement and fining them astronomical sums of money is real. I just signed a petition about Costa Rica being fined one billion dollars by a Canadian firm.
This is urgent and we are already behind, we need to start organising now. Can someone help!!!
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If you have need for corporate loans, International project funding, etc. or if you have a client that requires funding for his project or business,
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we fund 100% of the face value of the financial instrument. Our Terms and Conditions are reasonable.
If Interested kindly contact:
Name: Mr.william robin
Email:willamrobin321@yahoo.com
Skype ID:willam.robin36
Loan Offer at 2%
do you need an urgent loan? if yes email us today at jonnafinance@outlook.com
your life shall change as mine did.
My name is Mrs Kathrine Lisa, i am from Chicago USA, married, i have
been searching for a genuine loan company for the past 3 months and
all i got was bunch of scams who made me to trust them and at the end
of the day, they took my money without giving anything in return, all
my hope was lost, i got confused and frustrated, i find it very
difficult to feed my family, i never wanted to have anything to do
with loan companies on net, so went to borrow some money from a
friend, i told him all that happened and he said he can help me, that
he knows a loan company that can help me, that he just got a loan from
them, he directed me on how to apply for the loan, i did as he told
me, i applied, i never believed but i tried and to my greatest
surprise i got the loan within 24 hours, i could not believe, i am
happy and rich again and i am thanking God that such loan companies
like this still exist upon this scams all over the places, please i
advise everyone out there who are in need of loan to go for {
asofinace00@gmail.com } they will never fail, your life shall
change as mine did.
testimony of how i got my loan
Hello everyone!!!
My name is MRS LAUREN TRAVIS A CITIZEN of USA. i have been scammed by 3 different Internet international lender, they all promise to give me a loan after making me pay several fees which yield nothing and amounted to no positive result. i lost my hard earn money and it was a total of 10,000USD. One day as i was browsing through the internet with tears on my eye i came across a testimony of man who was also scammed and eventually got linked to a legit loan company called ALVAROLOANCOMPANY where he finally got his loan, so i decided to contact the same loan company and then told them my story on how i have been scammed by 3 different lenders who did nothing but to course me more pain. I explain to the company by mail and all they told me was to cry no more because i will get my loan in their company and also i have made the right choice of contacting them. i filled the loan application form and proceeded with all that was requested of me and I was given a loan amount of $85,000 Dollars by this great Company (ALVAROLOANCOMPANY} managed by Mr.ALVARO AMARANTO and here i am today happy because ALVAROLOANCOMPANY has given me a loan so i made a vow to my self that i will keep testifying on the internet on how i got my loan. Do you need a loan urgently kindly and quickly contact ALVAROLOANCOMPANY now for your loan via email:ALVAROLOANCOMPANY@yahoo.com
Thank You All For Your Understanding,
MRS.LAUREN TRAVIS
Loan Offer
Hello! Are you in need of urgent loan to settle your bills? Or to handle some financial challenges, and you are out there seeking for a well confidential loan offer to obtain loan? Here you arrive at your wish desired door step. We offer loan to a well legitimate adult of a minimum age of 18 years old and above, with a minimum interest rate as low as 2%, Annually. if You are interested, and you want to get every other detail informations, please contact us via the email address below. corporativeloancompany@gmail.com.
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