temporary acts of reproduction which are transient or incidental and an integral and essential part of a technological process and whose sole purpose is to enable (a) a lawful transmission in a network between third parties by an intermediary; or (b) a lawful use of a work; and which have no independent economic significance.
Similar language appears in a footnote proposed by a larger group of countries that does not include the U.S., and which negotiators have noted faces "no substantive objection to the concept" but which is not yet finalized.
PatentsThe leaked draft reveals that the US is pushing hard for provisions expanding the reach of patent law and limiting ways in which a patent may be revoked. These proposals are meeting widespread opposition from the other participants. For example, the U.S. proposes--and nearly every other nation opposes--that patents be made available for inventions that are "plants and animals."
The U.S. also proposes language that would prohibit denying "a patent solely on the basis that the product did not result in enhanced efficacy of the known product." Again, nearly every other nation opposes the U.S. on this issue. And a good thing too. Setting the bar to patentability too low locks up innovation. Advocates for access to medicine argue that it allows pharmaceutical companies delay generic entry through "evergreening." In other technology areas, the U.S. is seeing the terrible consequences of a flood of low-quality software patents, many of which are for minor improvements on existing technology. There's no reason for an international treaty to export the problems of the U.S. patent regime.
The latest TPP leak confirms our longstanding fears about these negotiations. The USTR is pushing for regulations that would, for the most part, put the desires of major content and patent owners over the needs of the public. No wonder the negotiators want to keep the process secret. There are marginal improvements since February 2011, but they are not enough. Real and substantially balanced proposals will not happen unless and until negotiators can be held accountable to the public for the proposals they are making.
Rest assured: if they can't be challenged now, they will surely be challenged later. Internet users have proven that they will not stand for backroom deals that put their freedoms at risk.
Reprinted from eff.org/deeplinks
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