Final TPP Agreement Reached; Full IP Text Yet to Be Released

After eight years of negotiations, it was reported on Monday, October 5, 2015, that a final agreement to the Trans Pacific Partnership (TPP; Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States and Vietnam) was reached. While a final text of the TPP agreement has yet to be released, and is reported to not be available for at least another month, some TPP member state governments have provided some details concerning the TPP’s IP provisions.

Ars Technica reported that New Zealand government officials announced that the TPP agreement will require New Zealand to extend its copyright protection term from life of the author + 50 years to life of the author + 70 years, thereby requiring New Zealand to adopt copyright protections beyond minimum requirements provided in existing international copyright treaties such as the Berne Convention for the Protection of Literary and Artistic Works and the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Despite the potential expansion of copyright protections under the TPP, such reporting also revealed that the TPP agreement will not require New Zealand to adopt stronger Internet Service Provider (ISP) enforcement provisions against repeat copyright infringers. According to the reporting, New Zealand will not be required to adopt a “six-strike” enforcement program, namely requirements mandating that a New Zealand ISP terminate an infringer’s Internet account after six cases of reported copyright infringement, as established amongst many U.S. ISPs.

It remains unclear whether all TPP member states will be required to adopt these copyright protections, as well as what other mandated IP protections are included in the TPP. Further information about the TPP’s IP chapter and its implications on TPP member states will be reported here once available.

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