Negotiations for the Trans-Pacific Partnership Agreement (TPP) are expected by some participants to conclude this month[1], although the Malaysian Prime Minister has indicated that this goal is optimistic[2]. The TPP is one of the largest trade agreements in history and is being negotiated, in secret, by twelve countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam.
In the past two years there have been only a handful of leaked draft texts for the intellectual property and investment chapters, but little in the way of official information on the actual content or negotiating positions. Signatory nations to the TPP will be required to modify their laws to conform with the requirements of the TPP where necessary.
Pirate Party Australia is critical of the lack of transparency in the negotiations and the content of the TPP. It is known from leaked texts that the TPP will include an intellectual property chapter which may further extend the reach of legislation such as the US Digital Millennium Copyright Act (DMCA). The text indicates that the chapter will impose provisions at least as severe as the Anti-Counterfeiting Trade Agreement (ACTA) which was last year rejected by the European Parliament following enormous protests across Europe. ACTA’s ratification has been delayed following recommendations from Australia’s Joint Standing Committee on Treaties.
“The only time that the Australian public will be able to comment on the text is when it is finished and signed,” said Simon Frew, President of Pirate Party Australia. “There is no opportunity to critique and to provide input, or to even see what is being planned. We are talking about potentially major changes to Australian laws and the public is being shut out. Pirate Party Australia has attended and presented at numerous ‘consultations’ and negotiating rounds, where representatives from the Department of Foreign Affairs and Trade have given half-answers and limited indications of what changes will actually be required by the Agreement.”