Digital Copyright in the TPP

Lee, Jyh-An

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)

The Chinese University of Hong Kong Faculty of Law Research Paper No. 2017-24,

18 Pages Posted: 4 Dec 2017 Last revised: 23 Sep 2019

See all articles by Jyh-An Lee

Jyh-An Lee

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: November 27, 2017

Abstract

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

Suggested Citation: Suggested Citation

Lee, Jyh-An, Digital Copyright in the TPP (November 27, 2017). 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), The Chinese University of Hong Kong Faculty of Law Research Paper No. 2017-24, , Available at SSRN: https://ssrn.com/abstract=3078371