The
Trans-Pacific Partnership (
TPP) is a trade agreement, which seeks to regulate copyright law, intermediary liability, and technological protection measures. The United States Government under President Barack Obama sought to export key features of the
Digital Millennium Copyright Act 1998 (US)
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The
Trans-Pacific Partnership (
TPP) is a trade agreement, which seeks to regulate copyright law, intermediary liability, and technological protection measures. The United States Government under President Barack Obama sought to export key features of the
Digital Millennium Copyright Act 1998 (US) (
DMCA). Drawing upon the work of Joseph Stiglitz, this paper expresses concerns that the
TPP would entrench
DMCA measures into the laws of a dozen Pacific Rim countries. This study examines four key jurisdictions—the United States, Canada, Australia, and New Zealand—participating in the
TPP. This paper has three main parts. Part 2 focuses upon the takedown-and-notice scheme, safe harbours, and intermediary liability under the
TPP. Elements of the safe harbours regime in the
DMCA have been embedded into the international agreement. Part 3 examines technological protection measures—especially in light of a constitutional challenge to the
DMCA. Part 4 looks briefly at electronic rights management. This paper concludes that the model of the
DMCA is unsuitable for a template for copyright protection in the Pacific Rim in international trade agreements. It contends that our future copyright laws need to be responsive to new technological developments in the digital age—such as Big Data, cloud computing, search engines, and social media. There is also a need to resolve the complex interactions between intellectual property, electronic commerce, and investor-state dispute settlement in trade agreements.
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