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26 May 2015Copyright

WIPR survey: Lawyers want more TPP transparency

An overwhelming majority of respondents to WIPR’s most recent survey want to see greater transparency in the Trans-Pacific Partnership (TPP) negotiations.

Last week, WIPR asked readers whether there should be more openness about how provisions in the TPP will affect intellectual property laws.

At the moment, 12 nations—Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the US, and Vietnam—are negotiating the trade deal.

In October, a document leaked by journalistic organisation Wikileaks showed that the proposals aim to harmonise IP laws across the 12 nations. So far, the leaked document has been the only indication of what has been proposed in the TPP.

More than 90% of respondents said that the talks should be more open.

Respondents said the lack of transparency over changes to IP laws creates a broader concern surrounding democratic accountability of governments.

One person said: “Citizens need to know the impact of any new laws before their legislators vote on any changes. This is how things should work in a democracy.”

Another added: “Greater transparency should be in every element of its works. Governments should function with transparency.

“Businesses pulling the strings behind trade agreements should not be able to invoke secrecy for their benefit and the benefit of the bureaucrats they sponsor,” the person added.

Last week, the US Senate voted to fast track the Trade Promotion Authority (TPA) bill, which gives President Barack Obama the right to present a finalised version of the TPP once it has been approved by the 12 nations.

If the TPA bill is approved it will mean that Congress is only able to vote on, and not amend, the TPP proposals.

For this week’s survey, WIPR asks: “PwC has reported a decline in US patent litigation in 2014 compared with 2013, which it said was partly due to the US Supreme Court’s ruling in Alice v CLS Bank. Do you expect a further drop by the end of this year?”

We look forward to hearing from you.

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