Difference between revisions of "Trans-Pacific Partnership Agreement"
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| − | :'''NEW in November | + | :'''NEW in November 2014''': ''[http://wikileaks.org/tpp-ip2/ WikiLeaks Releases the Secret Draft Text of the TPP IP Rights Chapter]'' |
| − | |||
The '''Trans-Pacific Partnership Agreement''' ('''TPP''') is a proposed treaty which ''may'' force countries to approve [[software patents]] or [[business method patents]]. | The '''Trans-Pacific Partnership Agreement''' ('''TPP''') is a proposed treaty which ''may'' force countries to approve [[software patents]] or [[business method patents]]. | ||
| − | + | ==The countries involved== | |
| + | The countries involved are: | ||
| − | + | * AU: [[Australia]] | |
| + | * BN: [[Brunei]] | ||
| + | * CA: [[Canada]] | ||
| + | * CL: [[Chile]] | ||
| + | * JP: [[Japan]] | ||
| + | * MX: [[Mexico]] | ||
| + | * MY: [[Malaysia]] | ||
| + | * NZ: [[New Zealand]] | ||
| + | * PE: [[Peru]] | ||
| + | * SG: [[Singapore]] | ||
| + | * US: [[USA]] | ||
| + | * VN: [[Vietnam]] | ||
==What are the proposals about patents?== | ==What are the proposals about patents?== | ||
| − | + | Here's the patents section of the November 2014 leak: | |
| + | |||
| + | * http://wikileaks.org/tpp-ip2/#article_e1 | ||
| + | |||
| + | <blockquote> | ||
| + | Article QQ.E.1: {Patents / Patentable Subject Matter}<br /> | ||
| + | <br /> | ||
| + | 1. Subject to the provisions of paragraph 2 and 3, each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that the invention is new, involves an inventive step, and is capable of industrial application.[54]<br /> | ||
| + | <br /> | ||
| + | 2. Each Party may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to nature of the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.<br /> | ||
| + | <br /> | ||
| + | [US/JP propose; CL/MY/PE/SG/VN/BN/AU/NZ/CA/MX oppose: 2bis. For greater certainty, a Party may not deny a patent solely on the basis that the product did not result in an enhanced efficacy of the known product when the applicant has set forth distinguishing features establishing that the invention is new, involves an inventive step, and is capable of industrial application.]<br /> | ||
| + | <br /> | ||
| + | 3. [US/JP/SG propose; AU/NZ/VN/BN/CL/PE/MY/CA/MX oppose: Consistent with paragraph 1, each Party shall make patents available for inventions for plants and animals.]<br /> | ||
| + | <br /> | ||
| + | Alt. 3: {Consistent with paragraph 1, each Party confirms that it makes available patents for plant-related inventions.[55]}<br /> | ||
| + | <br /> | ||
| + | 4. [US/AU/JP propose; CL/MY/PE/SG/VN/BN/NZ/CA/MX oppose: Consistent with paragraph 1, the Parties confirm that patents are available for[56]:<br /> | ||
| + | <br /> | ||
| + | :any new uses, or alternatively[57], new methods of using a known product.]<br /> | ||
| + | <br /> | ||
| + | [CA propose: Alt (a) any new use, or new method of using a known product that is not otherwise excluded from patentability by the Party.]<br /> | ||
| + | <br /> | ||
| + | [NZ/CA/CL/MY/VN/MX/BN/PE/AU propose: ALT 3. Each Party may also exclude from patentability:<br /> | ||
| + | <br /> | ||
| + | :diagnostic, therapeutic and surgical methods for the treatment of humans or animals; and<br /> | ||
| + | <br /> | ||
| + | :plants and animals other than microorganisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Parties shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.]<br /> | ||
| + | <br /> | ||
| + | [MX propose: (c) and the diagrams, plans, rules and methods for carrying out mental processes, playing games or doing business, and mathematical methods as such; software as such, methods to present information as such; and aesthetic creations and artistic or literary works.] | ||
| + | </blockquote> | ||
==How to submit comments== | ==How to submit comments== | ||
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* [http://gordoncampbell.scoop.co.nz/2012/12/10/gordon-campbell-on-new-zealands-embarrassing-tpp-overtures-to-the-americans/ New Zealand’s embarrassing TPP overtures to the Americans], 10 Dec 2012, '''Gordon Campbell''' | * [http://gordoncampbell.scoop.co.nz/2012/12/10/gordon-campbell-on-new-zealands-embarrassing-tpp-overtures-to-the-americans/ New Zealand’s embarrassing TPP overtures to the Americans], 10 Dec 2012, '''Gordon Campbell''' | ||
* [http://lists.nzoss.org.nz/pipermail/openchat/2012-December/thread.html#10651 Thread on NZOSS mailing list that might have info], Dec 2012 | * [http://lists.nzoss.org.nz/pipermail/openchat/2012-December/thread.html#10651 Thread on NZOSS mailing list that might have info], Dec 2012 | ||
| + | * [http://yro.slashdot.org/story/13/11/13/1517250/wikileaks-releases-the-secret-draft-text-of-the-tpp-ip-rights-chapter October 2013 leak of version 1 (Slashdot story)] | ||
==References== | ==References== | ||
Revision as of 22:41, 13 February 2015
- NEW in November 2014: WikiLeaks Releases the Secret Draft Text of the TPP IP Rights Chapter
The Trans-Pacific Partnership Agreement (TPP) is a proposed treaty which may force countries to approve software patents or business method patents.
Contents
The countries involved
The countries involved are:
- AU: Australia
- BN: Brunei
- CA: Canada
- CL: Chile
- JP: Japan
- MX: Mexico
- MY: Malaysia
- NZ: New Zealand
- PE: Peru
- SG: Singapore
- US: USA
- VN: Vietnam
What are the proposals about patents?
Here's the patents section of the November 2014 leak:
Article QQ.E.1: {Patents / Patentable Subject Matter}
1. Subject to the provisions of paragraph 2 and 3, each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that the invention is new, involves an inventive step, and is capable of industrial application.[54]
2. Each Party may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to nature of the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.
[US/JP propose; CL/MY/PE/SG/VN/BN/AU/NZ/CA/MX oppose: 2bis. For greater certainty, a Party may not deny a patent solely on the basis that the product did not result in an enhanced efficacy of the known product when the applicant has set forth distinguishing features establishing that the invention is new, involves an inventive step, and is capable of industrial application.]
3. [US/JP/SG propose; AU/NZ/VN/BN/CL/PE/MY/CA/MX oppose: Consistent with paragraph 1, each Party shall make patents available for inventions for plants and animals.]
Alt. 3: {Consistent with paragraph 1, each Party confirms that it makes available patents for plant-related inventions.[55]}
4. [US/AU/JP propose; CL/MY/PE/SG/VN/BN/NZ/CA/MX oppose: Consistent with paragraph 1, the Parties confirm that patents are available for[56]:
- any new uses, or alternatively[57], new methods of using a known product.]
[CA propose: Alt (a) any new use, or new method of using a known product that is not otherwise excluded from patentability by the Party.]
[NZ/CA/CL/MY/VN/MX/BN/PE/AU propose: ALT 3. Each Party may also exclude from patentability:
- diagnostic, therapeutic and surgical methods for the treatment of humans or animals; and
- plants and animals other than microorganisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Parties shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.]
[MX propose: (c) and the diagrams, plans, rules and methods for carrying out mental processes, playing games or doing business, and mathematical methods as such; software as such, methods to present information as such; and aesthetic creations and artistic or literary works.]
How to submit comments
Australia: Ongoing consultation: http://www.dfat.gov.au/fta/tpp/
USA: ?
Brunei: ?
Chile: ?
New Zealand: ?
Singapore: ?
Australia: ?
Malaysia: ?
Peru: ?
Japan: ?
Vietnam: ?
Related pages on ESP Wiki
External links
- Trans-Pacific Strategic Economic Partnership, Wikipedia
- New Zealand’s embarrassing TPP overtures to the Americans, 10 Dec 2012, Gordon Campbell
- Thread on NZOSS mailing list that might have info, Dec 2012
- October 2013 leak of version 1 (Slashdot story)
