New trade agreement could affect intellectual property law

Though much of the information has not been made public yet, the Obama Administration is currently in the midsts of negotiating a new free trade agreement that has the potential to change intellectual property laws among the 12 participating nations.

Under the proposed Trans-Pacific Partnership (TPP), which may be finished as early as this month, many participants may have to strengthen their copyright laws.

There is still some confusion on this point, since the information was gleaned from a draft of the TPP that House Oversight Committee Chairman Darrell Issa (R-CA) leaked more than a year ago. According to that draft, participants would be required to give out criminal penalties for copyright infringement. This could encompass a number of actions, including, as an article in Mother Jones pointed out, "something as small as downloading a single song."

Following the leak, however, the Office of the United States Trade Representative announced that certain exceptions would be added the laws "for purposes such as criticism, comment, news reporting, teaching, scholarship and research."

The following nations will participate in the treaty: The United States, Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. It is possible that more countries from the Pacific region will join.

As more information is released about the coming treaty, it is important for businesses that deal in overseas trade to learn how the laws in these countries may change. In addition, it may be helpful for them to consult with a Phoenix business attorney who has experience with intellectual property law and international business.

Categorised in: International Business Law

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