TPPA Kimberlee Weatherall ADA Forum, Canberra, March 2012

Intro Proposed comprehensive regional Free Trade Agreement, which will include chapters dealing with a full range of trade issues Brunei Darussalam, Chile, New Zealand, Singapore, Australia, Peru, the United States, Vietnam and Malaysia - with possible addition of Canada, Japan, Mexico 11th negotiating round just finishing (Melbourne). Next formal round expected May (Dallas)

Content Copyright intermediaries and enforcement Temporary copies Parallel importation Copyright term Exceptions Statutory damages Criminalisation Customs and border enforcement Court procedures Anti-circumvention law

Some problems Bad IP policy Strict/stronger IP provisions are counterproductive to the aims of the Trans- Pacific Partnership A strong, unbalanced IP chapter negotiated in secret without proper public input is going to bring IP further into disrepute Constraint on policymaking; failing to leave flexibility to take account of current developments in domestic arenas and in WIPO

Alternatives? A positive agenda (eg PIJIP, CCIA, Max Planck work on exceptions) –Exceptions - eg for visually impaired –Proportionate remedies –Fair and equitable procedures –Protection for privacy –Procedures and rules must not create barriers to trade –Advisory groups on IP enforcement must be fairly balanced in terms of the points of view represented –Requirement for safeguards on internet enforcement policies to avoid undue threats to free expression, business innovation and free trade, for example: online enforcement be narrowly targeted to cover activity clearly prohibited under existing laws, provide strong due process and be focused on criminal activity prohibition tampering with the technical architecture of the Internet through manipulation of the Domain Name System enforcement involving internet intermediaries be transparent, and designed to prevent overly broad private rights of action