Monday, December 11, 2017
Jyh-An Lee, The Chinese University of Hong Kong Faculty of Law, has published Digital Copyright in the TPP, in Paradigm Shift in International Economic Law Rule-Making: TPP As a New Model for Trade Agreements? 371 (Julien Chaisse, Henry Gao & Chang-fa Lo eds., Springer, 2017). Here is the abstract.
This chapter focuses on key copyright issues in TPP’s IP Chapter, especially those related to the Internet and digital technologies. Those issues include copyright term extension, safe harbor for Internet service providers (ISPs), technological protection measures, criminal liability, and limitations and exceptions. This chapter analyzes whether private and public interests represented by various stakeholders in the copyright ecology are taken into full account and kept balanced under TPP. This chapter also evaluates member states’ diverse considerations for implementing those copyright provisions. Furthermore, this chapter uses the IP Chapter as a lens to illustrate the international expansion of copyright facilitated by trade negotiations.
Download the essay from SSRN at the link.