TPP IP Chapter-Leaked Draft- Section I: Internet Service Providers (& Appx)
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{SECTION I: INTERNET SERVICE PROVIDERS}
Article QQ.I.1:267 {Internet Service Provider Liability}
[CL/BN/NZ/MY/VN/CA/SG/MX propose; AU/US oppose: 1.268 Each Party shall limit the liability of, or the availability of remedies against, internet service providers269 [when acting as intermediaries270], for infringement of copyright or related rights that take place on or through communication networks, in relation to the provision or use of their services.]
[CA propose: 2. Limitations referred to in the previous paragraph shall cover at least the following functions:
[CA propose: 3. Qualification by an internet service provider for the limitations as to each function in the previous paragraph shall be considered separately from qualification for the limitations as to each other function. Eligibility for the limitations in the previous paragraph may not be conditioned on the internet service provider monitoring its service, or affirmatively seeking facts indicating infringing activity.]--FOOTNOTES--
267 Negotiators' Note: JP is still considering its positions on this Section.
268 Negotiator's Note: PE is still considering its position on paragraphs 1, 2 and the new paragraph 3 presented by CA.
269 Each Party may determine, within its domestic law, what constitutes an internet service provider.
270 Negotiator's Note; NZ is still considering this phrase.84---PAGE BREAK---
[CL/BN/NZ/VN/MX propose; AU/US/SG/MY oppose: 2. 271272 The framework in Paragraph 1 [CA oppose: will only apply if an internet service provider meets conditions, including] [CA/CL/VN propose; NZ/MX oppose: shall be accompanied in a Party's law by]:
[CA propose: 4. Each Party shall provide legal incentives for internet service providers to comply, or remedies against internet service providers who fail to comply, with any procedures established in each party's law for:
[CA propose: 6. This Article is without prejudice to the availability in a Party's law of other defences, limitations and exceptions to the infringement of copyright or related rights. This Article shall not affect the possibility of a court or administrative authority, in accordance wth Parties' legal systems, or requiring the internet service provider to terminate or prevent an infringement.]
[US/AU/SG/NZ/PE propose; BN/VN/CA/MX oppose: 1. [SG/MY oppose275: For the purpose of providing enforcement procedures that permit effective action against any act of copyright276 infringement covered by this Chapter, including expeditious--FOOTNOTES--
271 Negotiators' Note: VN to consider this provision further.
272 Negotiator's Note: BN is considering its reactions to the proposals presented by CA on paragraphs 2 and 3.
273 Negotiator's Note: MX is considering its reactions to paragraph 2b and 3.
274 Negotiator's Note: NZ is considering its reactions to paragraph 3.
275 Negotiator's Note: NZ proposes to look at the placement of this paragraph vis a vis its placement elsewhere in the text.
276 For purposes of this paragraph, "copyright" includes related rights. Negotiators' Note: The placement of the85---PAGE BREAK---
remedies to prevent infringements and criminal and civil remedies] each Party shall provide, consistent with the framework set out in this Article:
277 [NZ propose: For the avoidance of doubt, limitations regarding the scope of remedies available can be implemented through limitations on the liability of internet service providers.]
278 This subparagraph is without prejudice to the availability of defenses to copyright infringement that are of general applicability.
279 [PE propose: For greater clarity, the failure of an ISP to qualify for the limitations in subparagraph (b) does not itself result in liability.]
280 [US/PE/SG/AU propose; CL/NZ/VN oppose: A Party may request consultations with the other Parties to consider how to address under this paragraph functions of a similar nature that a Party identifies after the entry into force of this Agreement.]
281 [CL/MY/SG/NZ/AU/PE/US propose: Such modification does not include modifications made as part of a technical process.]
282 [CL/MY/SG/NZ/AU/US propose: For greater certainty, such storage of material may include e-mails and their attachments stored in the provider's server and web pages residing on the provider's server.]86---PAGE BREAK---
283 Negotiator's Note: MY needs to reflect further on this provision.
284 Negotiator's Note: MY will reflect further on this provision.
285 CL/SG/NZ/AU/US/PE propose: A Party may require that such technology shall be used in a lawful manner.]87---PAGE BREAK---
286 [CL/SG/NZ/AU/PE/US propose: A Party may require that such standard technical measures shall be used in a lawful manner, and that such measures are subject to approval by relevant authorities.]
287 [CL/SG/NZ/AU/PE/US propose: A Party may provide that interested parties include copyright owners, service providers or other interested parties, [CL/SG/NZ/AU/US propose: as may be approved by relevant authorities,] as applicable.]88---PAGE BREAK---
Except for orders ensuring the preservation of evidence, or other orders having no material adverse effect on the operation of the service provider's communications network, each Party shall provide that such relief shall be available only where the service provider has received notice of the court order proceedings referred to in this subparagraph and an opportunity to appear before the judicial authority.]]
[NZ oppose: and for purposes of the functions referred to in clauses (i)(B) through (D) service provider means a provider or operator of facilities for online services or network access288.]]
In meeting the obligations of Article QQ.I.1.3(b)(ix), each Party shall adopt or maintain requirements for: (a) effective written notice to service providers with respect to materials that are claimed to be infringing, and (b) effective written counter- notification by those whose material is removed or disabled and who claim that it was disabled through mistake or misidentification, as set forth in this letter. Effective written notice means notice that substantially complies with the elements listed in section (a) of this letter, and effective written counter-notification means counter- notification that substantially complies with the elements listed in section (b) of this letter.
288 [CL/MY/SG/NZ/AU/US/PE propose: As used in subparagraph (xii), a Party may provide that network access includes cases in which network access is provided by another provider.]
289 All references to copyright in this letter are understood to include related rights, and all references to works are understood to include the subject matter of related rights.
290 The Parties understand that a representative is publicly designated to receive notification on behalf of a service provider if the representative's name, physical and electronic address, and telephone number are posted on a publicly accessible portion of the service provider's website, and also in a register accessible to the public through the Internet, or designated in another form or manner appropriate for [insert Party name].90---PAGE BREAK---
identify the copyrighted work(s)291 claimed to have been infringed;
In order for a counter-notification to a service provider to comply with the relevant requirements set out in Article QQ.I.1.3.(b)(ix), that counter-notification must be a written communication, which may be provided electronically, that includes substantially the following:--FOOTNOTES--
291 If multiple copyrighted works at, or linked to from, a single online site on a system or network controlled or operated by or for the service provider are covered by a single notification, a representative list of such works at, or linked to from, that site may be provided.
292 In the case of notices regarding an information location tool pursuant to paragraph (b)(i)(D) of Article 16.3, the information provided must be reasonably sufficient to permit the service provider to locate the reference or link residing on a system or network controlled or operated by or for it, except that in the case of a notice regarding a substantial number of references or links at a single online site residing on a system or network controlled or operated by or for the service provider, a representative list of such references or links at the site may be provided, if accompanied by information sufficient to permit the service provider to locate the references or links.
293 [SG propose: To satisfy this requirement, the process to be established shall not be costly or cumbersome. An appropriate electronic mechanism may be used or incorporated in this process.]
294 A signature transmitted as part of an electronic communication satisfies this requirement.
295 All referenced to "subscriber" in this letter refer to the person whose material has been removed or disabled by a service provider as a result of an effective notice described in part (a) of this letter.91---PAGE BREAK---
]]
[CL propose: Annex […]
List of Geographical Indications from Chile
WINES Name of IndicationValle de Aconcagua--FOOTNOTES--
296 A signature transmitted as part of an electronic communication satisfies this requirement.92---PAGE BREAK---
Alhué Valle del Bío Bío Buin
Valle del Cachapoal Valle de Casablanca Cauquenes Chillán Chimbarongo Valle del Choapa Coelemu Valle de Colchagua Valle de Copiapó Valle de Curicó Region de Aconcagua Region de Atacama Region de Coquimbo Valle del Claro
Valle del Loncomilla Valle del Lontué Lolol Valle del Maipo Maria Pinto Valle del Marga-Marga Valle del Maule Marchigue Valle del Malleco Melipilla Molina Monte Patria Mulchén Nancagua
93---PAGE BREAK---
Ovalle Paiguano Pajarete Palmilla Panquehue Parral Pencahue Peralillo Peumo Pirque Portezuelo Puente Alto Punitaqui Quillón Rancagua Valle del Rapel Rauco
Rengo Requínoa Río Hurtado Romeral
Sagrada Familia Valle de San Antonio San Juan Salamanca
San Clemente San Fernando San Javier San Rafael Santa Cruz Santiago Talagante Talca Valle del Teno Valle delTutuvén Traiguén Vicuña
Villa Alegre Vino Asoleado Yumbel
94---PAGE BREAK---
SPIRITS Name of Indication Country
Pisco Chile
AGRICULTURAL Name of Indication Country
Limón de Pica Chile]
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The Trans-Pacific Partnership is a proposed free trade agreement which grew from an initial 4 countries to include a dozen Pacific Rim nations. Joined by the US in 2008 and Japan in early 2013, the agreement has now grown from a small regional pact to encompass – potentially – nearly 40% of global GDP. The IP Chapter of the Agreement appeared on Wikileaks in early November 2013.
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