By Michael Geist
February 21, 2018
Article from Michael Geist
Most of the Updated TPP Text Has Been Released
The Canadian government and other TPP partners released the text of most of the CPTPP yesterday. The release contained few surprises as the TPP remains intact and a new annex identifies the suspended provisions. The list of suspended provisions was revealed several months ago and is particularly notable for the suspension of IP provisions such as copyright term extension, patent term adjustment, technological protection measures, biologics protection, and Internet safe harbour rules.
While the release of some of the CPTPP is a welcome development, it should be noted that the new side letters – including those involving Canadian cultural safeguards – were not released and are not expected to be made public until after signing. Given the public frustration with the lack of TPP transparency throughout the negotiations, the failure to provide a comprehensive release ensures continued uncertainty akin to signing a contract without reading the fine print.
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