Digital Copyright in the TPP
Paradigm Shift in International Economic Law Rule-Making: TPP As a New Model for Trade Agreements (Julien Chaisse, Henry Gao & Chang-fa Lo eds., Springer, 2017)
18 Pages Posted: 4 Dec 2017 Last revised: 23 Sep 2019
Date Written: November 27, 2017
This chapter focuses on key copyright issues in TPP’s IP Chapter, especially those related to the Internet and digital technologies. Those issues include copyright term extension, safe harbor for Internet service providers (ISPs), technological protection measures, criminal liability, and limitations and exceptions. This chapter analyzes whether private and public interests represented by various stakeholders in the copyright ecology are taken into full account and kept balanced under TPP. This chapter also evaluates member states’ diverse considerations for implementing those copyright provisions. Furthermore, this chapter uses the IP Chapter as a lens to illustrate the international expansion of copyright facilitated by trade negotiations.
Keywords: TPP, copyright, TRIPS, ISP safe harbour, technological protection measure, criminal liability, commercial scale
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