Thursday, November 5, 2015

Official Text of the TPP Now Available

Link to the entire text ("Subject to Legal Review in English, Spanish and French for Accuracy, Clarity and Consistency," and "Subject to Authentication of English, Spanish and French Versions"), as provided by the Government of New Zealand, is here.  The chapter on intellectual property is here.  It will take me a little while to digest all of this, but unless there's something materially different from what was in the text that was leaked a month ago (which I blogged about here), the only thing notable about IP remedies is that member states will be obligated to provide for either pre-established or "additional damages" (the latter may include "exemplary of punitive damages") for copyright and related rights infringement and for trademark counterfeiting.  It also would require members to provide criminal penalties for some forms of trade secret misappropriation, in addition to "willful trademark counterfeiting or copyright or related rights piracy on a commercial scale."  See articles 18.74, 18.77, 18.78. 

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