How The TPP Is Trouble: Public Interest Explicitly Tossed In Favor Of Corporate Interests
from the sad dept
Michael Geist is counting down the days to when the TPP can first be signed in the US (February 4th) by going through and highlighting problematic aspects of the agreement. He's started with the simple fact that the TPP's intellectual property section is explicitly designed to favor corporations over the public. We've obviously discussed some of this ourselves, such as the fact that the only reference to things like the public's rights (such as fair use) is to recommend that countries consider them, but when it comes to stronger copyright and patents, the TPP requires them.Geist goes a bit further, looking at the history, noting that in early drafts, a group of countries including Canada, New Zealand, Chile, Peru, Vietnam, Brunei, Malaysia, Singapore and Mexico initially all supported objectives that emphasized the public's rights as well as corporations'. But, with the final version, basically all of that went out the window, and almost entirely because of the US striking a hard line in the negotiations (with some help from Japan, who joined the TPP process a bit later than others).
Below were the originally proposed "objectives":
The objectives of this Chapter are:There are some pretty good points in that list. I especially like ensuring that intellectual property does not, itself, become "barriers to legitimate trade."
- enhance the role of intellectual property in promoting economic and social development, particularly in relation to the new digital economy, technological innovation, the [PE: generation,] transfer and dissemination of technology and trade;
- reduce impediments to trade and investment by promoting deeper economic integration through effective and adequate creation, utilization, protection and enforcement of intellectual property rights, taking into account the different levels of economic development and capacity as well as differences in national legal systems;
- maintain a balance between the rights of intellectual property holders and the legitimate interests of users and the community in subject matter protected by intellectual property;
- protect the ability of Parties to identify, promote access to and preserve the public domain;
- ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade;
- promote operational efficiency of intellectual property systems, in particular through quality examination procedures during the granting of intellectual property rights.
- the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.
- support each Party’s right to protect public health, including by facilitating timely access to affordable medicines.
But, you'll notice basically none of that in the final version. Instead, the only thing that survived was one that, you guessed it, focuses more on the benefits to companies, than to the public:
The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.It's not a bad objective by any means, but it's pretty naked without all the others listed above.
As Geist notes:
The objectives provision may not carry the same weight as positive obligations in the treaty, but they are important, reflecting the goals of the negotiating parties and providing a lens through which all other provisions can be interpreted. Canada and many other countries wanted to ensure that the lens promoted maintaining a balance between rights holders and users on all IP provisions. The exclusion from the objectives provision sets the tone for the IP chapter and highlights how user interests and the priorities of countries such as Canada were given limited weight within the final text.All the more reason to question how this possibly benefits the public.
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Filed Under: copyright, fair use, public domain, public interest, tpp
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Warning, this can be interpreted to mean companies, as customers only use technology and do not need to know how it works.
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You don't understand capitalism
It benefits the public through trickle-down morals.
It's the same manner in which tax cuts for the rich benefit the poor. While the state can no longer provide benefits like education and health care for those raised in less fortunate families, they are recompensated by being able to cheer on their stinking rich ruling class rolling over that of less blessed countries.
It's like the pot-bellied beer drinkers who proud themselves through the athletic feats of "their" football teams.
That's the point of representative corporative capitalism: the representatives get filthy rich on behalf of their fans and the congressional cheerleaders shake their pompoms and wiggle their ample anatomy.
Non panem sed circenses! Aut Caesar aut nihil! Either you got what it takes, dirty little bagginses, or you don't.
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Consolidation
How about when? This century? The next? Anybody want to pick a decade?
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/sarc
and just to be clear, so that Whatever doesn't falsely claim that someone is impersonating him, this is a parody.
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This article is false
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Re: This article is false
Or you forgot your /s.
There is so little difference between the parties today, that they have no problem becoming the polar opposite of todays position if the other side makes a move to appease some group or other. Of course that other side then moves to be the opposite of...well the other side, but they are so close together that only a few words change in their respective platforms. That saves on printing costs too, which makes more money available for bribes, err contributions.
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Its so cute how you believe this had anything to do with... the public. You guys... the public... are just there to fund the whims of government aggression and politicians vacation homes. Other than that... just shut up... Consume... Obey.
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Re: This article is false
Rated as funny. LOL that's a good one.
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Re: You don't understand capitalism
But we have no need to worry, if trickle-down works for morals as well as Reagan's trickle-down economy did (does), we have nothing to worry about.
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Re:
You can't step on the little guy without opening yourself up to being stepped on a bigger guy.
I think this sort of logic is more likely to carry weight than "think of the little people!"
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Re: Re:
Shareholders don't invest into stocks in order to be responsible for creating anything other than money. Which is rather silly since the ultimate value of money is for buying things other than money.
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Re: You don't understand capitalism
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Re: Consolidation
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Re: Consolidation
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Re: Consolidation
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Re: This article is false
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Re: Re: Consolidation
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There is too much money pointed at too few strategic points of honor. They cannot last. And they will not even try, except to bargain for more.
Leonidas was not an American.
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Re: Consolidation
That being said, I don't know how they can tell one roach from another. Or, if all that matters is that you end up with the lucky "final ultimate winner." And then what happens?
Hmmph.... I wonder why on Earth that specific visual sprang to mind? Comparing roaches to corporations -- and here I thought they were people, just with more rights (or at least lawyers) than I.
(PS - I'm a capitalist, but the rules seem to have gone insane with government trying to regulate and control everything. And if we (vs ?them?) repudiate one "bad" law, won't we end up doing them all? Or is that what bribery is for?)
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It doesn't. That was never the purpose of this agreement. It was always intended to benefit the corporations.
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