Soviet Psychotronic lit review since 1911, interesting warp drive scalar energy patents & papers from Deep Oddness & Moar

Let's have a nice link dump on some moar exotic science. If you care to scout this story out, you will have moar vortices of weirdness than you'll know what to do with. I like weird patents and ran into a few of them. Could all these things below be related? Can we hack a new machine to get into space and have a good time??

In any case weird patents show an undercurrent of the strange realities of control, the ownership of tools affecting the 'cybernetic reality' of a technically molded environment (as seen in 2003 doc The Net: www.youtube.com/watch?v=xLqrVCi3l6E ).

In a lulzy way we could say the weird patents: are part of the apparatus which hides exotic light sabers and/or the cow dung powered flying cars from the general US consumer market.

But First - NSA LULZ: The edge of the abyss: exposing the NSA's all-seeing machine | The Verge. PLus, epic snowden EFF hoodie trolling. Well played indeed An NSA Coworker Remembers The Real Edward Snowden: 'A Genius Among Geniuses' - Forbes [tangent: the classic gesture of Prior Notice amirite? :P ] // Judge Finds NSA Phone Metadata Program Infringes Upon Privacy & Vindicates Edward Snowden | The Dissenter

JPMorgue Patentfail Lulz: JPMorgan's "Bitcoin-Alternative" Patent Rejected (175 Times). I looked at the whole patent, at least skimmed it till I got bored. They think they deserve to have an electronic receiving address for payments etc. patented. The above link makes case for patent reform.

Graphene terahertz transmitter lulz: Graphene-based nano-antennas may enable networks of tiny machines


soviet-psychotronic.png

Soviet Psychotronics Gateway to directed energy research development: I have never seen anything quite like this paper with really nifty citations to poke around at.

Check it: Revealed: The Soviet Union’s $1 Billion ‘Psychotronic’ Arms Race with the US — The Physics arXiv Blog — Medium. The paper itself:

http://arxiv.org/pdf/1312.1148v2.pdf, http://arxiv.org/abs/1312.1148

Among other things it suggests directed energy research evolved on a number of lines, in a weirdly shaky political environment. Finally concludes with useful pointers on all this - electromagnetism as applied to influence biological and specifically human conditions. The Soviet flip-side to MK-ULTRA & moar, from 1911 to post-2000.

But also, weird conical 'torsional energy' channeling devices. I feel like maybe with improved superconductors some of this tech should be revisited?

Possibly / Probably Important?? These guys figured out a whole other ball game with quantum electromagnetism beyond fields....Phys. Rev. 115, 485 (1959): Significance of Electromagnetic Potentials in the Quantum Theory

Tons of citations to "Y. Aharonov and D. Bohm. Significance of Electromagnetic Potentials in the Quantum Theory. Physical Review Online Archive (Prola) INFO:

http://prola.aps.org/pdf/PR/v115/i3/p485_1, http://prola.aps.org/abstract/PR/v115/i3/p485_1
doi:10.1103/PhysRev.115.485 url:http://dx.doi.org/10.1103/PhysRev.115.485

Aharonov–Bohm effect - Wiki ... Magnetic flux quantum - Wiki - Quest for the Quantum Magnetic monopole - Wiki which could also possibly exploit some weird Dirac theory to instantly transmit info "non locally"?? Also nevar heard of excitons before, what an exciting particle.

Lulzy warp drive plans. Use of Aharanov-Bohm effect in Warp Drive - on StealthSkater.com of course. http://www.stealthskater.com/Documents/WarpDrive_01.pdf

Also warp drives lol: http://xa.yimg.com/kq/groups/2385221/1718820446/name/100yssOrlandoSarfat...

Kirlian photography shows EM auras - what are the Aharonov/Bohm implications? Сборка кирлиан-прибора собственными руками. // Electric potential - Wiki // Mathematical descriptions of the electromagnetic field - Wiki // Electromagnetic field - Wiki

Patent US5845220 - Communication method and apparatus with signals comprising scalar and vector ... - Google Patents - Information that changes as a function of time is communicated from a transmitting site to a receiving site by transmitting a signal comprising scalar and vector potentials without including ay electromagnetic field. The potentials vary as a function of time in accordance with the information.

Check out this intense Russian Patent: Machine Translation! As cited in the Lit Review footnotes.Patent Office: Patent Publication Number: 2149385 "patent SU1748662"

DEVICE FOR TREATING THE STRUCTURE AND FUNCTION OF BIOLOGICAL SYSTEMS AND MATERIAL PROPERTIES

Patent Publication Number: 2149385

Type of document: C1

Country of publication: RU

Reg. Application Number: 99109496

Make an orderA complete description of the patent

Edition of the IPC: 7

The main IPC codes: G01N022/00 A61N005/00

Analogs of the invention: SU, 1748662 A3, 15.07.1992. Shipov GI Psychophysics phenomena and theory of physical vacuum. Consciousness and the physical world, no.1. - Moscow: Publishing House of the Agency's "Sailor", 1999, p.93, Akimov AE etc. Experimental manifestation of torsion fields and torsion technologies. - Moscow: Publishing House of STC Informatics, 1996, p.68. RU, 2125896 C1, 10.02.1999. RU, 2109530 C1, 27.04.1998. RU, 94025802 A, 20.08.1996.

Name of applicant: Closed Joint Stock Company Scientific-Production Association "Inorganic Materials"

Inventors: VF Panov

Gunmen VV

VV Yushkov

Yushkova TA

Patentees: Closed Joint Stock Company Scientific-Production Association "Inorganic Materials"

Abstract

Device for influencing the structure and function of biological systems and the properties of materials comprises a generator of torsion radiation, made in the form of electromagnetic radiation source placed in the hub of the torsion radiation modulator mantle with its torsion radiation generator, which stands on a permanent magnet, which are placed in torsion hub radiation, wherein the hub is configured as a cone and is mounted on a steel plate on top of the radiation concentrator torsion coil set, wherein the modulator is arranged, made in the form of sequentially installed downstream of a single crystal of quartz and the radiation tourmaline crystal, the spiral guide is mounted inside tubes fixed in the housing. As a source of electromagnetic radiation using electric lamp or beta emitter. Spiral made of copper wire. The technical result is to develop a simpler and more reliable operation of the apparatus. 2 ZP f-ly, 1 ill., 1 table.

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The research paper was backed up by these guys who are running Drupal of course: Patents | Association of Unconventional Science.

Patents (all patents found in public databases, most of the patents have already expired)

Passive generators IM Shakhparonov The device for the vacuum polarization (SU1806477)
IM Shakhparonov A device for decontamination of radioactive materials (RU2061266)
IM Shakhparonov Method of magnetizing non-magnetic materials (RU_2192390)
Kirpita PP Method and device for human exposure (RU2160133)
Okhatrin AF The device for the power and impact on bioobekt way to assess its effectiveness (RU2074748)
Fund Ordo protective device (DE3541480A1)
Helmut Reder, protector of biogeopatagennyh zones (DE3015105A1)
Paul Schweizer, Apparatus for measuring changes radiestezicheskih fields (DE3320518A1)
Anton Ramsauer, Installation for protection of terrestrial radiation (DE3015105A1)
Oscar Gerhard installation to prevent interference with radio receivers (DE616713A)
Oscar Korsheld, Apparatus for therapeutic purposes, whether or not informed of suggestion (DE69340A)
Allois Zor, protection from harmful fields (DE2360584A1)
Roth Trude, protector of negitivnogo terrestrial radiation (DE3416157A1)
Ian Dzhurzhdik, protection device or neutralize nezheletelnyh influences, influences or fields on the human body (DE3515307A1)
BORGNI JEAN, Permanent protective device against radiation known to be harmful to living beings and more particularly to humans (FR2534142A1)
Juasques Ravatin, Apparatus for amplifying emission due to shapes (WO001980000293)
EM generators Akimov AE The method of correcting the structural characteristics of the materials and device for its implementation (SU1748662)
Werner Kropp [DE], method of processing a substrate in a magnetic vector potential and device for its implementation (RU2101842) original German patentDE4036648A1
JSC "BIG" Method and device effects on microorganisms (RU2155083)
Akimov AE The method of correcting the structural characteristics of the steel (RU2151204)
Okhatrin AF The method of energy information and communication device for its implementation (RU2159009)
Thou et al, Aparatus for generating electromagnetic radiation (US5792184A)
HE Puthoff, "Communication Method and Apparatus with Signals Comprising Scalar and Vector Potentials without Electromagnetic Fields (US5845220)
Ivan Rampl, Device for attenuating cellular metabolism (US 20100286469 A1)
Бояршинов А.Е., Клюев А.В., Кокарева Н.А., Курапов С.А., Панов В.Ф., Стрелков В.В. ЭЛЕКТРОМАГНИТНАЯ АНТЕННА(RU2336612)
Willet Parry, Means for affecting plant life processes (US000002308204)
Impact JSC "BIG" Device for the impact of the wave of information on microorganisms (RU2161516)
Воздействие Y.S. Karp, An appoarch for generation of programmable impact on biological objects (RU2004267)

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A whole new bunch of goodies on the horizon amirite? Get Moving you Zefram Cochranes. I'm goin to bed :P

NSA Boundless Informant explicated - for moar efficient flat databases of all yr phone records

Just had to crosspost this relatively down-to-earth explanation of how all the cell phone data is hoarded in the NSA mass data mining system. What this lacks in documentation it makes up for with relative plausibility & general lack of fancifulness.
SOURCE: Cryptome.org : http://cryptome.org/2013/11/nsa-boundless-informant-explicated.htm

25 November 2013

NSA BOUNDLESS INFORMANT Explicated


Date: Mon, 25 Nov 2013 15:37:33 -0800 (PST)
From: xxxxx[at]efn.org
To: cryptome[at]earthlink.net
Subject: A very interesting forum post on electrospaces

This was written from a person who purports to actually use the Boundless Informant tool. The email address is fake of course, but it sounds both knowledgeable and credible.

If the source is genuine, it provides considerable insight into the use and capabilities of the tool. It seems to do a lot more than we've seen so far, including the ability to see individual call detail records.

It also gives us clues to how mobile interception is accomplished.

http://electrospaces.blogspot.com/2013/11/screenshots-from-boundlessinformant-
can.html

http://www.blogger.com/comment.g?blogID=4559002410879446409&postID=
2273467319728111778&isPopup=true

---------------------------

Anonymous jbond@MI5.mil.gov.uk said...

I'm seeing a great deal of confusion out there about NSA databases and how reports are generated from their architecture. Here is how it works:

Let's begin with rows and columns making up a matrix, variously called a table, array, grid, flatfile database, or spreadsheet. In the database world, rows are called records, columns are called fields, and the individual boxes specified by row and column coordinates -- which hold the actual data -- are called cells.

For cell phone metadata, each call generates one record. NSA currently collects 13 fields for that call, such as To, From, IMEI, IMSI, Time, Location, CountryOrigin, Packet etc etc, primarily from small Boeing DRTBOXs placed on or near cell towers.

Because metadata from a single call can be intercepted multiple times along its path, generating duplicative records, NSA runs an ingest filtering tool to reduce redundancy, which is possible but not trivial because metadata acquisitions may not be entirely identical (eg timing). After this refinement, one call = one metadata record = one row x 13 columns in the BOUNDLESS INFORMANT's matrix.

Cell phone metadata is structured, unlike content (he said she said). However, as collected from various provider SIGADs, it is not cleanly or consistently structured -- see the messy example at wikipedia IMSI. So another refinement is needed: NSA programmers write many small extractors to get the metadata out of its various native protocols into the uniformly formatted taut database fields that it wants.

After all this, for a hundred calls, a metadata database such as BOUNDLESS INFORMANT consists of 100 records and 13 fields so 100 x 13 = 1300 cells. A counting field (all 1's) and consecutive serial numbers (indexing field) for each record may be added to facilitate report generation and linkage to other databases, see below.

-1- The first point of confusion is between BOUNDLESS INFORMANT as a flatfile database (we've never seen a single row, column or cell of it) and the one-page summary reports that can be generated using BOUNDLESS INFORMANT as the driving database (eg, the Norway slide).

These BOUNDLESS INFORMANT reports give the number of records (rows) in the table after various filters have been applied (eg country, 1EF = one end foreign, specified month, DNR type, intercept technology used, legal authority cited FISA vs FAA vs EO 12333).

BOUNDLESS INFORMANT does NOT report the number of cells nor gigabytes of storage taken up. It easily could, but it doesn't. Instead, it reports the main object of interest: the number of calls, after some filtering scheme has been applied.

-2- The second point of confusion arises over database viewing options. Myself, I like scrolling down row after row, page after page, plain black text in 8 pt courier font, lots of records per screen, thin lines separating cells, no html tables. A lot of people don't.

So a cottage industry has evolved around generating pretty monitor displays, web pages, and ppts from databases; these typically display one record per screen. All database views are equivalent: given a presentation, you can recover the database; given the database, you can make the pretty user interface.

Views are dressed up injecting the data fields into a fixed but fancy template (eg dept of motor vehicles putting your picture field into an antique wood frame and your name field into drop-shadow text). Nothing but a warmed-over version of spewing out form letters by mail-merging an address database into a letter template.

We've not seen *any* view of BOUNDLESS INFORMANT records to date, only summary reports it has generated. You cannot recover the underlying database from a few summary reports, only information about the number of records and a few of the 13 fields.

November 25, 2013 at 2:34 PM

Anonymous jbond@MI5.mil.gov.uk said...

-3- The third point of confusion: a given database like BOUNDLESS INFORMANT is capable of self-generating many summary reports about itself. Summary reports can have views too -- injections into templates. We've seen 3 of them for BOUNDLESS INFORMANT, Aggregate, DNI and DNR.

Databases can be sorted, according to the values in any column. For example, if NSA sorted by IMSI, that would pull together all the call records made from a particular cell phone with that id. Using the counting field, allowing the activity of each phone to be tallied. Or they could sort to pull up the least active phones-- to identify the user who tosses her 'burner' phones in the trash after one use.

Databases can be restricted. If NSA wanted to count the number of distinct cell phone calls during a given month that originated in Norway and terminated abroad (1EF one end foreign), it can restrict the records to the relevant time and location fields, masking out the others. They could compress each cell phone to a single line and count rows to get summary data on the number of phones doing 1EF. That summary data could be injected into a template for a BOUNDLESS INFORMANT slide.

Databases can be queried (tasked) to pull out only those records satisfying some string of selector logic. For example, you could submit a FOIA request to NSA in the form of a query that consisted of your selectors and a database like BOUNDLESS INFORMANT to see what call metadata they have on you in storage.

Here you would be wise to request simple output (rows of plain text with column values separated by commas,CSV format), to keep file size down. Then you could make your own mail-merge templates and spew out colorful BOUNDLESS INFORMANT graphs and reports about yourself, or just use the default templates provided by Excel.

November 25, 2013 at 2:36 PM

Anonymous jbond@MI5.gov.uk said...

-4- Next up on confusion, relational databases. NSA maintains hundreds of separate flatfile databases that might however share a field or two in common, for example someone texting, google searching, or shopping as well as making phone calls with with a given phone, the number or IMSI being the common field.

Those other activities involve different fields from those already in BOUNDLESS INFORMANT, such as your login to eBay or search term text instead of email subject line.

It could all be put into BOUNDLESS INFORMANT by expanding the number of fields. However this doesn't scale very well : it results in the voice call fields being massively blank for an IMSI making lots of google searches, creating a huge sparse table that is very slow to process, wasting analysts time (called high latency by NSA).

Instead, BOUNDLESS INFORMANT will just link to all the other databases which share a field. And those in turn could link to other simple databases sharing some other field that BOUNDLESS INFORMANT might lack. And so on -- it's how all the little constituent databases can be seamlessly integrated..

A query now calls through to this whole federation of linked databases, which can reside geographically anywhere on the Five Eyes network (though NSA is moving to one stop shopping from their Bluffdale cloud to improve security and reduce latency).

The primary provider of relational database software of this complexity is Oracle. However you can do about all of it free and friendly with open source MySQL. The Q is for querying -- what NSA calls tasking -- sending off some long-winded boolean logic string of field selector values and constituent databases that does the filtering you want.

The result of the query is a new little database, usually temporary, that you can use to generate fancy views and summary reports. The databases being updated continuously and storage retention varying, the same query tomorrow will give a slightly different outcome.

Your all-about-me FOIA request could be formulated in MySQL (first need to know names of linked databases) and surprisingly, the query string would be recognized and fulfilled by Oracle or whatever big relational database NSA ended up using/developing, it's that standardized.

If you're online or call a lot, that could still be a big file given 12 agencies keeping tabs, notably NSA, Homeland Security, and FBI's DITU. But if you wrote the query right, it would only take a small data center in the garage to host the response.

November 25, 2013 at 2:37 PM

Aha: Carbon Market digital currency "Ven" by Hub Culture = evil Illuminati knockoff of Bitcoin, backed with REDD "CO2lonialism of Forests" suddenly now approved!

Lolz just stumbled on this - had to write a quick post with a lurid headline. Ven is like the Sharper Image / corporate greenwashing version of Bitcoins and it's all tied into a big ball of classic shady stuff. There is a really nice blob of greenwashing social constructions underpinning the Ven 'value' here, see if you can spot it:

ven-global-currency.png

The value of Ven is determined by the financial markets in a weighted basket of currencies, commodities and carbon futures trading against other major currencies at floating exchange rates. Ven is the first digital currency to float, and the first to include carbon in its pricing, making it the only environmentally linked currency in existence. Since Ven is 100% backed by reserve assets equivalent to the total Ven in circulation, the inclusion of these assets in the reserve basket provide a demand source for carbon, with material benefits to the environment at large. Over 25,000 acres of Amazon rainforest and other environmental investments have been made as a result of Ven.

Currently over 20 million units of Ven have circulated, and it can be used to purchase anything from commoditiesto fashion to cars to a coffee. Watch a Ven video. Read what Forbes, CNN, WSJ, Harvard Business Review, Techcrunch, Fortune and others say about Ven

REDD IS A DONE DEAL: I bumped into the big news, REDD is now a done deal, after wondering if there would be some more weird knockoffs of Bitcoin-like digital currency systems. There are other open source P2P systems like Litecoin which are basically mostly Bitcoin code, with some logical enough replacements. This is a welcome development. Anything with non-commercialized overall code & network structure should probably help us in the long run.

Then there are the the more suspiciously organized schemes -- rather, they are centralized, which undermines the whole point. Ven and Ripple are two of the biggest.

REDD, as you will see below, is literally a Walmart scheme.

The extra juicy bonus level with Ven is its cornerstone rests on the commodification of atmospheric carbon, spun not as a final act of capitalism but one that redeems it.

Even better this is all linked to REDD, "Reducing Emissions from Deforestation and Degradation". REDD is one of the nastiest byproducts of the COP climate failsauce agreement negotiating rounds... Oh crap - apparently REDD, or REDD+ has just been approved by "Conference of the Parties" aka COP.

The "Carbon Market" and REDD+ forest commodification schemes are the root of the Ven Tree. [More Ven REDD plumbing below]

REDD2.jpg

Specially designed for the greenwashing junkie in all of us, a new scheme long opposed by the Indigenous to unleash yet another round of deforestation and reproduce extra capitalisms.

Please check out the TONS of material about REDD: REDD - Reaping Profits from Evictions, land grabs Deforestation and Destruction of biodiversity Lots of info here. :[

The Key: "Carbon Trading and Origination- Carbon Planet & REDD -What are REDD Carbon Credits?

REDD stands for 'Reducing Emissions from Deforestation and Degradation'. A REDD carbon credit is a carbon market mechanism created to reduce emissions from deforestation and forest degradation in developing countries.

Official UN-REDD page: UN-REDD Programme -- About REDD+

Moar goodies: Carbon Credits | redd-monitor.org. // Why you should not buy voluntary carbon credits as an investment: A carbon trader explains | redd-monitor.org // Carbon credits « naked capitalism // McLaren F1 & Jenson Button One Minute, Boiler Room Scams the Next: the Remarkable Double Life of Carbon Neutral Investments, Limited, (CNI) « naked capitalism // Carbonscam firms aggressively knock stuff off of Google: Why is Google Censoring Search Results to Nix Warnings Just Like Ones Issued by a UK Regulator? « naked capitalism // The Lotus Formula 1 Team, Its Embarrassing Partner, Advanced Global Trading of Dubai, and Carbon Neutral Investments « naked capitalism // Newcastle United FC, Bloodhound SSC, Glitz, Glam and Police Raids: a Last Look at the Remarkable Double Life of Carbon Neutral Investments Limited (CNI) « naked capitalism // The UK Insolvency Service’s Oddly-Timed Carbon Scams Press Release Highlights Its Own Slow Response « naked capitalism

Even in recent weeks, more work on carbon credit scams is coming out: Week two of Naked Capitalism's series on Carbon Neutral Investments and other carbon credit scams | redd-monitor.org. Look at all these sketchy British corporate shells trading carbon goodies: List of Clearing Members » Carbon Neutral Investments < Apr 2013 archive page of a website that is now down. Nov 6 2013: Insolvency Service - Press Releases - Carbon credit scams targeted as 19 companies shut down

Nineteen carbon credit companies that ripped off nearly £24m from over 1,500 investors, including a 94-year-old man, have been wound up in the last 15 months by the Insolvency Service, Consumer Minister Jo Swinson announced today.

The companies, including Eco Global Markets Limited ('Eco Global'), which alone took at least £8.5m from over 230 investors – targeted mainly older people and sold them Certified Emission Reduction Units (CERs) – or carbon credits - using high pressure sales techniques. Most of the victims ranged in age between 50 and 85 years.

Eco Global was wound up by the Insolvency Service in July 2013.Two other companies, Anglo-Capital Partners Ltd and Cavendish Jacobs Ltd which between them took over £1.2m, were wound up in October 2013.

Salesmen played on people’s keenness to ‘do their bit’ to save the environment while making an investment at the same time. Investors were promised huge returns by selling these credits to corporate giants such as Marks and Spencer and British Airways. But instead most found there was no market for the relatively small amounts they held as companies that trade CERs only trade in high volumes.

Plus This: Carbon credit trading - Financial Conduct Authority

Find out how carbon credit trading works, why we think you should avoid investing in carbon credits and related markets, and how to protect yourself from what is most likely a scam......

However, many investors have told us they are not able to sell or trade the carbon credits they have bought. None of these investors reported making a profit.

This supports our view that there is not a viable secondary market for ordinary investors to sell or trade carbon credits, despite claims and promises made by many firms, advisers and brokers promoting and selling them as an investment.

More critical info: REDD - carbon trade watch. Academic: Demand for REDD Carbon Credits: A Primer on Buyers, Markets, and Factors Impacting Prices | The Nicholas Institute for Environmental Policy Solutions. Wiki: Carbon offset - Wikipedia, the free encyclopedia.

Matt Taibbi had this nailed down in 2009: The Great American Bubble Machine | Politics News | Rolling Stone - Goldman Sachs planned to blow up a huge carbon bubble but when cap-and-trade fell apart in the US, so did the plan to make insane money off trades based on derivatives of air quality. Now the plan is coming back fast.

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REDD IS HERE:

Ecosystem Marketplace - UPDATE: COP Makes It Official<br />Complete REDD Package Adopted [What a sketchy website! Sponsored by Bloomberg, World Bank & USAID ]
UPDATE: 20:33 CET, 19:33 GMT
: Complete REDD package sails through the COP. It's now a done deal. Congratulations to all those who made this possible.



UPDATE: 19:30 CET, 18:30 GMT: The Conference of the Parties (COP) has now officially approved the REDD text that REDD negotiators had signed off on this morning.



22 November 2013 | WARSAW | Seven long years after it was placed on the agenda of the United Nations Framework Convention on Climate Change (UNFCCC), REDD+ is about to become a functioning, formal mechanism with agreed-on rules for establishing reference levels, recognizing mitigation activities, creating institutions, ensuring safeguards, and – above all – creating performance-based financing mechanisms.



The finance section had been the sticking point all week, with the Coalition of Rainforest Nations, led by Papua New Guinea (PNG), pushing for all finance to be placed under a new REDD+ Committee. That provision was finally removed by the REDD chair yesterday afternoon, and PNG did not object. The final text was released this morning and approved by all REDD negotiators.



Participants highlighted several passages as being significant. For one, the document calls not only for results-based financing, but for financing of all phases of REDD implementation – from readiness and capacity-building, through piloting, and to payments for performance.



The final document also makes results-based finance contingent on safeguards being met, lays out clear rules for transparency, and sets minimum reporting requirements before countries can qualify for results-based finance.



Moving forward, the document calls for further research into non-carbon benefits and requires the incorporation of lessons learned.



Meetings are ongoing, and we will expand our coverage with a complete wrap-up of events here in Warsaw early next week.

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Ok that's a pretty big deal. I learned about REDD / REDD+ from COP16 videos mainly shot by my indefatigable colleague FluxRostrum (mobilebroadcastnews.com ):: SEE COP 16 March for Life & Climate Justice | Mobile Broadcast News. VIDEO COLLECTION HERE: COP16 Coverage MBN/GBC - YouTube.

This video with the dubious Soham Baba about how indigenous people need to be ordered around via a REDD regime: ▶ Soham Baba, Lessons in Manipulating the Indigenous - COP16 - YouTube - great question at the end from Flux to the CHAIRMAN OF WALMART about why all the Indigenous people are opposed to REDD+:

Jane Goodall speaking at REDD+ thing Dec 2010: ▶ Jane Goodall Speaks at the COP 16 - YouTube

Robert Zoellick President of World Bank speaks at COP16 hawking REDD+ ▶ Robert Zoellick President of the World Bank Speaks at COP16 - YouTube

AND: Advancing REDD+: New Pathways and Partnerships

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Anyway so naturally the Ven digital currency is a way of taking the value of the 'carbon offsets' and turning them into Bitcoin-like digital exchange tokens. I found this guy because he wrote an article about China and Bitcoin on CNN.com: Why China wants to dominate Bitcoin - Nov. 18, 2013

Main site: Ven - global digital currency by Hub Culture A few other items...

Hub / Store / MaxMiner Digital Asset Miner - 1.25Ghash is not a worthy investment at this time certainly not at 100 watts. developed by Maxeler Technologies and these Hub Culture people.

Hub / Store / Bitcoin Ven Combined Virtual Currency Fund

Hub / Store / Finance and Funds

Hub / Store / Individual Carbon Offset

This carbon offset offer is a one tonne reduction of carbon dioxide emissions (or other greenhouse gases) to compensate for an emission made elsewhere. Use of offsets can help individuals to offset their own emissions, whether for travel, industry or other activities. There are two types of carbon offests, the compliance market and the voluntary market. The compliance market is related to the Kyoto Protocol and includes fixed market purchases related to the Kyoto Protocol. The voluntary market, which is much smaller, allows individuals, companies and governments to purchase carbon offsets to mitigate their own emissions. The price of carbon offsets vary depending on the quality, duration, scale and scope of a particular project.

Hub Culture carbon offset purchases are aggregated by individual purchases to pool resources for offset purchases at a slightly larger scale. Hub Culture offset purchases are linked specifically to REDD forest protection with Wildlife Works and to the Nike Mata no Peito project, which is actively protecting Amazon rain forest through the development of carbon protection purchases to save this important natural resource.

Pricing is on a 'per ton' basis. For guidance on calculating your own offsets, here are some approximate calculations on carbon tonnage to help you decide how much carbon to offset with this great carbon calculator from the Nature Conservancy.

Examples:

Driving a midsize car 10 miles a day: 2.7 tonnes per year
One long haul flight: 2.2 tonnes per flight
One short haul flight: .4 tonnes per flight
A one bedroom New York City apartment with some efficiency upgrades: 15 tonnes per year
Eating meat as part of your normal diet: 5.8 tonnes per year
Eating meat and also eating organic as part of your normal diet: 4.1 tonnes per year
Eating vegeteraian and organic as part of your normla diet: .6 tonnes per year
Waste production, not recycling or composting very much: 1.2 tonnes per year

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Possibly from related people - the link was in there somewhere: Kraken Digital Asset Trading Platform

Hub / Hub Culture News / News

Hub Culture

Hub / Ven - Global Digital Currency / Projects / About Ven / Notes

Hub / Ven - Global Digital Currency / News

Hub / Selected news, from Hub Culture

Hub / Ven - Global Digital Currency / News

HERE IS THE MAIN ATTRACTION:
28 April, 2011 (Hong Kong) - In a landmark transaction for the Ven economy, Hub Culture and a group of partners have successfully completed the first carbon offset trade to be priced in a virtual currency, Ven.
Article Image

The contract, negotiated by Hub Culture Knowledge Brokerage Services, is for carbon offsets registered on Winrock International’s American Carbon Registry(ACR), which were sold and retired as part of Nike's Mata no Peito initiative.

Mata no Peito is Nike’s long-term commitment to work with local organizations and communities to protect and replant forests throughout Brazil. Through the sale and retirement of carbon offsets to corporations and individuals seeking to reduce their carbon footprints, Nike will generate funds which it will donate as seed investments to innovative Brazil forestry projects.
With this Hub Culture transaction, the London Carbon Market becomes the first partner in the Mata no Peito initiative, seeding the Nike forestry fund and setting the stage for continuing growth in global Ven trading volumes.
“Nike is pleased to work with Hub Culture to list offsets for sale and retirement that will benefit the Mata no Peito initiative” said Hannah Jones, Nike VP, Sustainable Business and Innovation. “The transparent platform and virtual currency make it easy for partners around the world to become involved in protecting forests throughout Brazil.”
The transaction is the first carbon offset deal to use the Ven currency platform and represents a step forward in the evolution of the Ven global currency for international markets.
“ACR is thrilled to be a part of this revolutionary transaction,” stated Mary Grady, American Carbon Registry director of business development. “Hub Culture’s facilitation of the first carbon offset sale in Ven together with the fact that proceeds are being donated by Nike to the Mata no Peito Brazil forest fund demonstrate that ACR is working with the right partners to fulfill our mission of harnessing the power of markets to improve the environment.”
Article Image

Advantages to both parties created by the Ven as the means of exchange for the transaction include greater international pricing stability and an implied carbon offset resulting from the basket of carbon futures, commodities and leading currency components which determine ongoing Ven values. The very use of Ven implies greater demand for future carbon projects, by helping to stimulate demand for carbon futures at large.

“London Carbon Market is proud to donate to the Mata no Peito Brazil forest fund by retiring credits registered by Nike on Winrock’s ACR. As Nike’s first partner in this initiative, we look forward to further involvement with Nike and other partners committed to making sustainable projects a success. Partnering with Hub Culture for the transaction using the Ven currency makes history as the first carbon trade to be priced in the Ven digital currency, a statement of leadership we are proud to be a part of” said Dr. Constantine Pagonis of London Carbon Market.
"This Ven transaction highlights the potential of Ven in the carbon markets, and delivers tangible benefits to Brazil through forest related initiatives. As part of our commitment to the creation of a more efficient economy that better tracks externalities, the Ven has particular advantages for everyone, including an embedded carbon signal and forward price stability. We are delighted to be working as a catalyst to connect the London Carbon Market with Nike and Winrock's groundbreaking work for Brazil." said Stan Stalnaker, Founding Director at Hub Culture.

About Hub Culture

Hub Culture is a global network that operates the digital currency Ven, a network of Pavilions to drive community collaboration, and Knowledge Brokerage, a suite of services building value for the community. Established in 2002, Hub Culture is focused on worth creation and deal generation for over 25,000 global-influencers, and is at the forefront of innovation in work and collaboration.

About the American Carbon Registry

The nonprofit American Carbon Registry (ACR), an enterprise of Winrock International, is a leading carbon offset program recognized for its strong standards for environmental integrity. Founded in 1996 as the GHG Registry by Environmental Resources Trust, ACR has 15 years of experience in the development of rigorous, science-based carbon offset standards and methodologies as well as in carbon offset issuance, serialization and transparent online transaction and retirement reporting. As the first voluntary GHG registry in the world, ACR has set the bar in the global voluntary carbon market for offset quality and operational transparency.

About the London Carbon Market

London Carbon Market (LCM) champions the wisdom of green investment and social responsibility. LCM has at its foundation a board of directors which has over one hundred years of collective city experience in a spectrum of industries ranging from physical commodities trading, financial futures, and foreign exchange to financial investments. Coupled with socially conscientious blue chip partners, LCM is now at the forefront of the carbon market.

Official short links: http://hub.vg/VCCT    http://hub.vg/Mata

Contacts:

Stan Stalnaker, Hub Culture   Tel: +44 7974156 458
Email: stan.stalnaker@hubculture.com
Gurps Singh   Tel. +44 7403515315
Email: gurps.singh@londoncarbonmarket.com
Mary Grady, American Carbon Registry   Tel: +1 805 884 1961
Email: mgrady@winrock.org

//////

Also: The proprietors of "EcosystemMarketplace": Search "the Katoomba Group REDD" for only the finest in technocratic Africa-oriented greenwashing ruminations. Welcome to the Katoomba Group::

"The Katoomba Group is an international network of individuals working to promote, and improve capacity related to, markets and payments for ecosystem services (PES). The Group serves as a forum for the exchange of ideas and strategic information about ecosystem service transactions and markets, as well as site for collaboration between practitioners on PES projects and programs."

Katoomba Group: About Us

In 1999, Forest Trends launched the Katoomba Group – an international working group dedicated to advancing markets and payments for ecosystem services – including watershed protection, biodiversity habitat, and carbon sequestration. The Group is comprised of leading experts from forest and energy industries, research institutions, the financial world, environmental NGOs, and communities. It serves as a source of ideas for and strategic information about ecosystem service markets and transactions. The Group has been known for its international convenings, which have provided a forum for exchanging ideas, influencing policy-makers, and catalyzing new initiatives.

It has held 10 major global conferences, published and contributed to a number of publications and supported the development of a range of new PES schemes including the BioCarbon Fund, and the Mexican PES Fund. The Katoomba Group has also advised national policy discussions on financial incentives for conservation in numerous countries including China, Brazil, India, and Colombia. In 2005, The Katoomba Group launched The Ecosystem Marketplace (www.ecosystemmarketplace.com)—the world’s first global market information service for ecosystem services.

/////

Moar: Forest Trends - Publication Details - The REDD Opportunities Scoping Exercise

www.katoombagroup.org/events/pro-poor_redd.pdf

Anyway that should be a nice research pile to get you going. Bitcoins were of course a prank project of several retired NSA cryptographers known as the "Justice League" as well as VALIS, the orbiting alien intelligence. Later all :)

Terrible Trans Pacific Partnership intellectual property proposed scheme leaks out yay

UPDATE: Join us Dec 11th 6PM for Trans-Pacific Partnership organizing with Occupy Minneapolis - https://www.facebook.com/events/591468507567584/

Finally got some clue into WTF is going on. They have been trying to keep this secret as hell because a planet of 6+ billion people might rebel at another horrible technocratic scheme to control everyone's brains :(

VIA https://wikileaks.org/tpp/ - way to go wikileaks.

Secret Trans-Pacific Partnership Agreement (TPP)

Today, 13 November 2013, WikiLeaks released the secret negotiated draft text for the entire TPP (Trans-Pacific Partnership) Intellectual Property Rights Chapter. The TPP is the largest-ever economic treaty, encompassing nations representing more than 40 per cent of the world’s GDP. The WikiLeaks release of the text comes ahead of the decisive TPP Chief Negotiators summit in Salt Lake City, Utah, on 19-24 November 2013. The chapter published by WikiLeaks is perhaps the most controversial chapter of the TPP due to its wide-ranging effects on medicines, publishers, internet services, civil liberties and biological patents. Significantly, the released text includes the negotiation positions and disagreements between all 12 prospective member states.

The TPP is the forerunner to the equally secret US-EU pact TTIP (Transatlantic Trade and Investment Partnership), for which President Obama initiated US-EU negotiations in January 2013. Together, the TPP and TTIP will cover more than 60 per cent of global GDP. Read full press release here



Download the full secret TPP treaty IP chapter as a PDF here

WikiLeaks Release of Secret Trans-Pacific Partnership Agreement (TPP)

Advanced Intellectual Property Chapter for All 12 Nations with Negotiating Positions (August 30 2013 consolidated bracketed negotiating text)




This Document Contains TPP CONFIDENTIAL Information

TPP Negotiations, R18

MODIFIED HANDLING AUTHORIZED

IP Group

Intellectual Property [Rights] Chapter

30 August
2013

COVER PAGE

INTELLECTUAL PROPERTY [RIGHTS] CHAPTER

CONSOLIDATED TEXT


CHAPTER QQ1

{INTELLECTUAL PROPERTY RIGHTS / INTELLECTUAL PROPERTY}

{GENERAL PROVISIONS}

{Section A: General Provisions}

Article QQ.A.1: {Definitions}

For the purposes of this Chapter:

Intellectual property2 refers to all categories of intellectual property that are the subject of Sections 1 through 7 of Part II of the TRIPS Agreement [3].

Article QQ.A.2: {Objectives}4

[NZ/CL/PE/VN/BN/MY/SG/CA5/MX6 propose; US/JP oppose: The objectives of this Chapter are:

  1. Enhance the role of intellectual property in promoting economic and social development, particularly in relation to the new digital economy, technological innovation, the [PE: generation,] transfer and dissemination of technology and trade;

  2. reduce impediments to trade and investment by promoting deeper economic integration through effective and adequate creation, utilization, protection and enforcement of intellectual property rights, taking into account the different levels of economic development and capacity as well as differences in national legal systems;

  3. maintain a balance between the rights of intellectual property holders and the legitimate interests of users and the community in subject matter protected by intellectual property.

  4. protect the ability of Parties to identify, promote access to and preserve the public domain;

  5. Ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade;

  6. Promote operational efficiency of intellectual property systems, in particular through quality examination procedures during the granting of intellectual property rights.]

    [NZ/CA/SG/CL/MY/VN propose. g. The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.

  1. Support each Party's right to protect public health, including by facilitating timely access to affordable medicines.]

[Article QQ.A.2bis: {Principles}

[NZ/CA/SG/CL/MY propose : 1. Each Party may, in formulating or amending its laws and regulations, adopt measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to its socio-economic and technological development, provided that such measures are consistent with the provisions of this Chapter.

2. Each Party may adopt or maintain appropriate measures, provided that they are consistent with the provisions of this Chapter, to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.

3. Each Party may adopt or maintain, consistently with the other provisions of this Chapter, appropriate measures to prevent or control practices or conditions that may in particular cases constitute an abuse of intellectual property rights having an adverse effect on competition in the relevant market.]]

Article QQ.A.3: {General Provisions}

Each Party shall give effect to the provisions of this Chapter. A Party may, but shall not be obliged to, provide more extensive protection for, and enforcement of, intellectual property rights under its law than is required by this Chapter, provided that such protection and enforcement does not contravene the provisions of this Chapter. Each Party shall be free to determine the appropriate method of implementing the provisions of this Chapter within its own legal system and practice.

Article QQ.A.4: {Declaration on the TRIPS Agreement and Public Health}

The Parties affirm their commitment to the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2).

Article QQ.A.5: {Understandings Regarding Certain Public Health Measures7}

The Parties have reached the following understandings regarding this Chapter:

(a) The obligations of this Chapter do not and should not prevent a Party from taking measures to protect public health by promoting access to medicines for all, in particular concerning cases such as HIV/AIDS, tuberculosis, malaria, [US oppose: chagas] and other epidemics as well as circumstances of extreme urgency or national emergency. Accordingly, while reiterating their commitment to this Chapter, the Parties affirm that this Chapter can and should be interpreted and implemented in a manner supportive of each Party's right to protect public health and, in particular, to promote access to medicines for all.8

(b) In recognition of the commitment to access to medicines that are supplied in accordance with the Decision of the General Council of 30 August 2003 on the Implementation of Paragraph Six of the Doha Declaration on the TRIPS Agreement and Public Health (WT/L/540) and the WTO General Council Chairman's statement accompanying the Decision (JOB(03)/177, WT/GC/M/82) [SG/BN/VN/PE/CL/CA/MY/NZ/US/AU9/MX/JP: , as well as the Decision on the Amendment of the TRIPS Agreement, adopted by the General Council, 6 December 2005 US/MY propose: and the WTO General Council Chairperson's statement accompanying the Decision (WT/GC/M/100)] (collectively, the "TRIPS/health solution"), this Chapter does not and should not prevent the effective utilization of the TRIPS/health solution.

(c) With respect to the aforementioned matters, if [US oppose: any waiver of any provision of the TRIPS Agreement, or any] [US propose: an] amendment of the TRIPS Agreement, enters into force with respect to the Parties, and a Party's application of a measure in conformity with that [US oppose: waiver or] amendment [US oppose: is contrary to the obligations of] [US propose: violates] this Chapter, the Parties shall immediately consult in order to adapt this Chapter as appropriate in the light of the [US oppose: waiver or] amendment.

Article QQ.A.6: {Existing Rights and Obligations / International Agreements}

1. [US: Further to Article -AA.2,] the Parties affirm their existing rights and obligations with respect to each other under the TRIPS Agreement [CL/PE: and any other multilateral agreements relating to intellectual property to which they are party] [MX propose: The TRIPS Agreement is incorporated into and made part of this Agreement, mutatis mutandis.][CA Propose: 1. Except as otherwise provided in this Chapter, nothing in this Chapter shall be construed as a limitation to the flexibilities, exceptions and limitations set out on the TRIPS Agreement and any other multilateral agreement relating to intellectual property to which they are party.]

[CL/NZ propose; US/AU/JP/MX oppose: 2. Nothing in this Chapter shall derogate from existing rights and obligations that Parties have to each other under the TRIPS Agreement or other multilateral agreements, such as those concluded or administered under the auspices of the World Intellectual Property Organization (WIPO), the World Health Organization (WHO) and United Nations Educational, Scientific and Cultural Organization (UNESCO).]10

[CA propose; MX/US oppose: 2. Except as otherwise provided in this Chapter, the Parties shall interpret this Chapter in such a way as to be [complementary to / compatible with] their rights and obligations under multilateral treaties concluded or administered under the auspices of the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), the World Health Organization (WHO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO) to which they are party, especially with regards to measures aimed at protecting public health and protecting equal access to knowledge and food.]

[CL/NZ/VN/BN/MY/PE:11 3. [Except as otherwise provided in this Chapter,] Nothing in this Chapter shall be construed as a limitation to the flexibilities, exceptions and limitations set out on the TRIPS Agreement and any other multilateral agreement relating to intellectual property to which they are party, especially with regards to measures aimed at protecting equal access to knowledge, food and public health.]]

[US/AU propose; CL/NZ/MY/PE/BN/VN/CA/JP/MX12 oppose:13 4. Each Party shall ratify or accede to the following agreements by the date of entry into force of this Agreement:

  1. Patent Cooperation Treaty (1970), as amended in 1979;

  2. Paris Convention for the Protection of Industrial Property (1967);

  3. Berne Convention for the Protection of Literary and Artistic Works (1971);

  4. Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974);

  5. Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989);

  6. Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure(1977), as amended in 1980;

  7. International Convention for the Protection of New Varieties of Plants [MX propose: (1961) as revised in 1972, 1978 or] (1991) (UPOV Convention);

  8. Singapore Treaty on the Law of Trademarks (2006);

  9. WIPO Copyright Treaty (1996); and

  10. WIPO Performances and Phonograms Treaty (1996).]

[US/AU/NZ/PE/CA/JP/SG/MX14 propose : 5. Each Party shall notify the WTO of its acceptance of the Protocol amending the TRIPS Agreement done at Geneva on December 6, 2005.]

[US/SG propose; CL/MY/NZ/PE//VN/BN/CA/JP/MX 15 oppose: 6. Each Party shall make all reasonable efforts to ratify or accede to the following agreements by the date of entry into force of the Agreement:

[SG oppose: (a) Patent Law Treaty (2000); and]

(b) Hague Agreement Concerning the International Registration of Industrial Designs (1999).]

Article QQ.A.7: {National Treatment}

116. In respect of all categories of intellectual property covered in this Chapter, each Party shall accord to nationals [17] of the other Party treatment no less favorable than it accords to its own nationals with regard to the protection [18] [NZ/BN/MY/CA/JP/SG/VN oppose: and enjoyment of such intellectual property rights, and any benefits derived from such rights.][NZ/VN/BN/MY/CL/PE/JP/SG19propose20; US/AU21 oppose: of intellectual property, subject to the exceptions provided in the TRIPS Agreement and in those multilateral agreements concluded under the auspices of WIPO.] [CL/AU/NZ/BN/PE22 propose: With respect to secondary uses of phonograms by means of analog communications and free over-the-air radio broadcasting, however, a Party may limit the rights of the performers and producers of the other Party to the rights its persons are accorded within the jurisdiction of the other Party.]23

[VN: Articles 3 and 5 of the TRIPS shall apply with necessary modifications to the protection of intellectual property in this Chapter.]

  1. A Party may derogate from paragraph 1 [national treatment] in relation to its judicial and administrative procedures, including requiring a national of the other Party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that such derogation is:

  1. necessary to secure compliance with laws and regulations that are not inconsistent with this Chapter; and

  2. not applied in a manner that would constitute a disguised restriction on trade.

[CL:3 Paragraphs 1 and 2 do] [US: Paragraph [X national treatment/judicial and administrative procedures] does] not apply to procedures in multilateral agreements concluded under the auspices of WIPO relating to the acquisition or maintenance of intellectual property rights.

Article QQ.A.8: {Most-Favoured-Nation Treatment}

[PE/CL: With regards to the protection and defence of intellectual property referred to in this chapter, any advantage, favour, privilege or immunity granted by a Party to the nationals of any other country will be accorded immediately and unconditionally to the nationals of the other Parties. The exceptions to this obligation shall be in conformity with the pertinent dispositions referred to in articles 4 and 5 of the TRIPS Agreement.]

[VN: Articles 4 and 5 of the TRIPS shall apply with necessary modifications to the protection of intellectual property in this Chapter.]

Article QQ.A.9: {Implementation of this Chapter}

[CL/NZ/VN/AU/BN/SG/PE/MY/MX/CA24 propose; US/JP oppose: 1. Nothing in this Chapter shall prevent a Party from adopting appropriate measures to prevent: (a) the abuse of intellectual property rights by right holders or the resort to practices that unreasonably restrain trade or adversely affect the international transfer of technology; and (b) anticompetitive practices that may result from the abuse of intellectual property rights;, provided that such measures are consistent with this Agreement. [PE propose; CL/AU oppose: Nothing in this Chapter shall be construed to reduce the protection that the Parties agree on or have agreed on in benefit of the conservation or sustainable use of biodiversity.]]

Article QQ.A.10: {Transparency}

[NZ/AU25/US/SG26/MY/PE/VN/JP/MX propose: 1. [US: Further to Article ___ (Publication), and with the object of making the protection and enforcement of intellectual property rights transparent,] Each Party shall ensure that its laws, regulations and procedures [VN: or administrative rulings of general application] concerning the protection and enforcement of intellectual property rights [US: are in writing and are] [US oppose: shall be] published[27], or where such publication is not [US/PE oppose: practical] [US/PE: practicable], are made publicly available [US/AU/NZ: in a national language in such a manner as to enable [AU oppose: governments and right holders] [AU: interested persons and Parties] to become acquainted with them.] [US/AU/NZ oppose: in at least the national language of that Party or in the English language.]]28

[NZ/AU/SG/MY/CA29/MX/CL propose; VN/PE oppose: 2. Each Party shall endeavour to make available on the Internet [AU/NZ:

  1. its laws, regulations, procedures, and administrative rulings of general application concerning the protection and enforcement of intellectual property rights; and]

  2. [JP oppose: those details of patent, trademark, design, plant variety protection and geographical indication applications that are open to public inspection under national law.]]

[US/MX propose; BN oppose: 430. Nothing in this Chapter shall require a Party to disclose confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest [PE oppose: or would prejudice the legitimate commercial interests of particular enterprises, public or private].]31

Article QQ.A.11: {Application of Agreement to Existing Subject Matter and Prior Acts}

[US propose: 1. Except as it otherwise provides, including in Article QQ.G.8__ (Berne 18/TRIPS 14.6), this Chapter gives rise to obligations in respect of all subject matter existing at the date of entry into force of this Agreement that is protected on that date in the territory of the Party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this Chapter.32]

2. 33 [CL/NZ/PE/MY/BN/VN/CA/MX oppose: Except as otherwise provided in this Chapter, including Article QQ.G.8____ (Berne 18/TRIPS 14.6),] a Party shall not be required to restore protection to subject matter that on the date of entry into force of this Agreement has fallen into the public domain in its territory.

3. This Chapter does not give rise to obligations in respect of acts that occurred before the date of entry into force of this Agreement.

Article QQ.A.12: {International Exhaustion of Rights}

[CL/MY/NZ/VN/SG/BN/PE propose; US/AU/JP/MX oppose: The Parties are encouraged to establish international exhaustion of rights.]

Article QQ.A.13 {Public Domain}

[CL/VN/PE propose: Each Party shall endeavour to provide relevant information to disseminate public domain, including appropriate tools that help to identify the [CL: extension] [VN: expiration] of the terms of protection of intellectual property rights.]

[CL/VN propose: 1. The Parties recognize the importance of a rich and accessible public domain for their societies and the need that public domain material shall be free for its use by all persons.

2. For purposes of paragraph 1, each Party shall endeavor to:

  1. identify subject matter that has fallen into the public domain within their respective jurisdictions;

  2. promote access to the public domain; and

  3. preserve the public domain.

3. Actions to achieve the purposes referred to in paragraph 2, may include the development of publicly accessible data bases of registered rights, guidelines and other tools to enhance access to material in the public domain.

4. Each Party shall make its best efforts to promote cooperation among the Parties to identify and facilitate access to subject matter that has fallen into the public domain and share updated information related to right holders and terms of protection.]

[CL/VN Alternative Proposal:

1. The Parties recognize the importance of a rich and accessible public domain for their societies and the need that public domain material shall be free for its use by all persons.

2. For this purpose, Parties may include the development of publicly accessible data bases of registered rights, guidelines and other tools to enhance access to material in the public domain.

3. Each Party shall make its best efforts to promote cooperation among the Parties to identify and faciliate access to subject matter that has fallen into the public domain and share updated information related to right holders and terms of protection.]

COOPERATION

Note: We have not introduced braces into this section because party attributions are not clear based on the text.

Section B: Cooperation

Article QQ.B.1: {Contact Points}

Each Party shall designate at least one contact point for the purpose of cooperation under this section.

Article QQ.B.2: [NZ/CL/SG/VN/MY/BN/MX propose: Cooperation in the implementation of international agreements

[NZ/CL/SG/BN/AU/MY/PE/VN/MX propose: 1. [AU/US oppose: Where a Party is a member of any of the following agreements, that Party shall, where appropriate and upon request by another Party, support that Party in implementing any of the following agreements] [AU/CA/JP/SG: A Party may seek to cooperate with other Parties to support its accession to, and implementation of, the agreements X-X ]:

(a) Patent Cooperation Treaty;

[PE/CA oppose: (b) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks;

(c) Singapore Treaty on the Law of Trademarks;] and

(d) Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.]

[JP/SG/PE propose: (e) International Convention for the Protection of New Varieties of Plants (1991) (UPOV Convention)]

[AU: 2. Each Party shall endeavor to provide such cooperation as appropriate and upon request.]

Article QQ.B.3 {Cooperation Activities}

[AU/CL/NZ/PE/SG/BN/MX/VN/MY/US/CA propose: The Parties shall endeavour to cooperate on the subject matter covered by this Chapter through appropriate cooordination, training and exchange of information between the intellectual property offices, [or other relevant institutions]34, of the Parties. Cooperation may cover such areas as:

  1. developments in domestic and international intellectual property policy

  2. intellectual property administration and registration systems

  1. education and awareness relating to intellectual property

  2. intellectual property issues relevant to:

    1. small and medium-sized enterprises

    2. science, technology & innovation activities[PE propose: , which may include generation, transfer and dissemination of technology.]

  3. policies involving the use of intellectual property for research, innovation and economic growth

  4. such other areas as may be agreed among [AU/NZ oppose: the] Parties.]

Article QQ.B.4: {Patent Cooperation}

[[AU/CL/MY/NZ/SG/PE/VN/CA/MX/BN/JP propose: In order to improve quality and efficiency in the Parties' patent systems,] The Parties shall endeavour to [US/SG propose: cooperate] [US oppose: establish a framework for cooperation] among their respective patent offices to facilitate the [AU/CL/MY/NZ/SG/PE/VN/CA/MX/BN/JP oppose: exploitation] [AU/CL/MY/NZ/SG/PE/VN/CA/MX/BN/JP propose: sharing and use] of search and examination work of other Parties. This may include:

  1. making search and examination results available to the patent offices of other Parties, and

  2. exchanges of information on quality assurance systems and quality standards relating to patent searching and examination;

[JP propose; CL/PE oppose: (c) implementing and promoting the Patent Prosecution Highway;]

[CL/AU/MY/NZ/SG/PE/VN/CA/MX/BN oppose: which may, among other things, facilitate work sharing.]35]36

[JP proposal: 2. In the course of the cooperation referred to Paragraph 1, the Parties are encouraged not to require the applicants to submit search and examination results, including cited documents, made available by the patent offices of other Parties, with a view to reducing the procedural costs of the applicants.]

Article QQ.B.5:

Cooperation activities and initiatives undertaken under this Chapter shall be subject to the availability of resources, and on request and on terms and conditions mutually agreed upon between the Parties involved.[VN propose: , including the technical assistance for developing countries.]

{TRADEMARKS}

{Section C: Trademarks}

Article QQ.C.1: {Types of Signs Registrable as Trademarks}

[NZ/US/AU/CL/PE/SG/CA/JP/MY37 propose: 1. [VN/BN/MX oppose: No] Party may require, as a condition of registration, that a sign be visually perceptible, [VN/BN/MX oppose: nor may a Party] [VN/BN/MX propose: and] deny registration of a trademark solely on the ground that the sign of which it is composed is a sound [CL/CA/JP/MY oppose: or a scent] [CL/CA/MX/MY propose: Each Party may provide trademark protection for scents].] A Party may require a concise and accurate description, or graphical representation, or both, as applicable, of the trademark.

Article QQ.C.2: {Collective and Certification Marks}

1. Each Party shall provide that trademarks shall include collective marks and certification marks. A Party is not obligated to treat certification marks as a separate category in its domestic law, provided that such marks are protected.

Each Party [JP/MX propose: may][ JP oppose: shall] also provide that signs that may serve as geographical indications are eligible for protection under its trademark system [38]39[PE/NZ/MX/CL/BN/AU/US/JP/SG oppose; VN propose40: A Party may provide that Signs descriptive of geographical origin of goods or services, including geographical indication as defined in Article 22 of the TRIPS Agreement, may not be protected as trademarks other than collective and certification marks, unless they have acquired distinctiveness through use.]

[US/PE/MX41/SG propose; AU/NZ/ VN/BN/MY/CL/CA oppose: 2. Pursuant to Article 20 of the TRIPS Agreement, each Party shall ensure that its measures mandating the use of the term customary in common language as the common name for a good or service ("common name") including, inter alia, requirements concerning the relative size, placement or style of use of the trademark in relation to the common name, do not impair the use or effectiveness of trademarks used in relation to such good or service. [42]]43[44]

Article QQ.C.3: {Use of Identical or Similar Signs}

Each Party shall provide that the owner of a registered trademark shall have the exclusive right to prevent third parties not having the owner's consent from using in the course of trade identical or similar signs, [PE/MY/VN/CA/MX oppose45: including subsequent geographical indications,] for goods or services that are related to those goods or services in respect of which the owner's trademark is registered, where such use would result in a likelihood of confusion.

In the case of the use of an identical sign, [PE/MY/SG/CL/CA/MX/VN oppose46: including a geographical indication,] for identical goods or services, a likelihood of confusion shall be presumed.

Article QQ.C.4:

Each Party may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take account of the legitimate interest of the owner of the trademark and of third parties.

[VN propose; AU/US/NZ/SG/MY/CL/PE/CA/JP/BN oppose: The owner of a registered trademark shall not have the right to prevent third parties from using geographical indications or other signs descriptive of goods and services even though they are identical or similar to the trademark unless such use would result in confusion.]47

Article QQ.C.5: {Well Known Trademarks}

1. No Party may require as a condition for determining that a trademark is well-known that the trademark has been registered in the Party or in another jurisdiction, included on a list of well-known trademarks, or given prior recognition as a well-known trademark.

2. Article 6bis of the Paris Convention for the Protection of Industrial Property (1967) shall apply, mutatis mutandis, to goods or services that are not identical or similar to those identified by a well-known trademark,[48] [BN oppose: whether registered or not49,] provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the trademark, and provided that the interests of the owner of the trademark are likely to be damaged by such use.

3. Each Party recognizes the importance of the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks (1999) as adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of WIPO.

[US/BN/CL/PE/MX/CA/JP/NZ/SG/VN propose; AU/MY oppose: 450. Each Party shall [PE/BN/MX/CA51 propose: according to domestic laws] provide for appropriate measures to refuse or cancel the registration and prohibit the use of a trademark that is identical or similar to a well-known trademark, [SG/VN propose: as being already well-known before the registration or use of the first-mentioned trademark,] for related goods or services, if the use of that trademark is likely to cause confusion [CA/SG/VN oppose:52 or to deceive or risk associating the trademark with the owner of the well-known trademark, or constitutes unfair exploitation of the reputation of the well-known trademark.]]

Article QQ.C.6: {Examination, Opposition and Cancellation / Procedural Aspects}

Each Party shall provide a system for the examination and registration of trademarks which shall include, inter alia:

  1. providing to the applicant a communication in writing, which may be electronic, of the reasons for any refusal to register a trademark;

  2. providing the opportunity for the applicant to respond to communications from the competent authorities, to contest an initial refusal, and to appeal judicially any final refusal to register a trademark;

  3. providing an opportunity to oppose the registration of a trademark or to seek cancellation53 of a trademark; and

  1. requiring that administrative decisions in oppositions and cancellation proceedings be reasoned and in writing. Written decisions may be provided electronically.

Article QQ.C.7: {Electronic Trademarks System}

Each Party shall provide:

  1. a system for the electronic application for, and maintenance of, trademarks; and

  2. a publicly available electronic information system, including an online database, of trademark applications and of registered trademarks.

Article QQ.C.8: {Classification of Goods and Services}

Each Party shall adopt or maintain a trademark classification system that is consistent with the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) of [June 15, 1957], as revised and amended. Each Party shall provide that:

[CA oppose: (a) registrations and the publications of applications indicate the goods and services by their names, grouped according to the classes established by the Nice Classification 54; and]

  1. goods or services may not be considered as being similar to each other on the ground that, in any registration or publication, they are classfied in the same class of the Nice Classification. Conversely, each Party shall provide that goods or services may not be considered as being dissimilar from each other on the ground that, in any registration or publication, they are classified in different classes of the Nice Classification.

Article QQ.C.9: {Term of Protection for Trademarks}

Each Party shall provide that initial registration and each renewal of registration of a trademark shall be for a term of no less than 10 years.

Article QQ.C.1055:

No Party may require recordal of trademark licenses:

a. to establish the validity of the license;

[US/CA/NZ/SG/JP/AU propose; VN/MX/BN/PE/CL/MY oppose: b. as a condition for the right of a licensee to join infringement proceedings initiated by the holder, or to obtain by way of such proceedings damages resulting from an infringement of the trademark which is subject to the license; or

c. as a condition for use of a trademark by a licensee, to be deemed to constitute use by the holder in proceedings relating to the acquisition, maintenance and enforcement of trademarks.]

Article QQ.C.11: {International Exhaustion of Rights}

[CL/NZ/SG/VN/PE/MY/BN/AU/CA/MX propose; US/JP oppose: The Parties are encouraged to establish international exhaustion of trademark rights. For this purpose, the registration of a trademark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in any country under that trademark by the proprietor or with his consent.]

Article QQ.C.12: {Domain Names on the Internet}

1.56 In order to address the problem of trademark [VN/MX propose: geographical indication and trade name] cyber-piracy, each Party shall adopt or maintain a system for the management of its country-code top-level domain (ccTLD) that provides:

(a) an appropriate procedure for the settlement of disputes, based on, or modelled along the same lines as, the principles established in the Uniform Domain-Name Dispute-Resolution Policy, or that is: (i) designed to resolve disputes expeditiously and at low cost, (ii) fair and equitable, (iii) not overly burdensome, and (iv) does not preclude resort to court litigation;

(b) online public access to a reliable and accurate database of contact information concerning domain-name registrants57;

in accordance with each Party's laws regarding protection of privacy58 and personal data. 59

2. [PE/SG/CL/AU/NZ/MY/BN/CA oppose; US/VN/JP/MX propose: Each party shall provide [VN: oppose adequate and effective] [VN propose: appropriate] remedies against the registration trafficking60, or use in any ccTLD, with a bad faith intent to profit, of a domain name that is identical or confusingly similar to a trademark [VN/MX propose: , geographical indication or trade name].]

{GEOGRAPHICAL INDICATIONS}

{Section D: Geographical Indications}

Article QQ.D.1: {Recognition of Geographical Indications}

The Parties recognize that [US propose; CL/PE/CA/MX/SG/MY/BN/VN/JP oppose: , subject to Article QQ.C.2(1),61 (Gls eligible for protection as trademarks)] geographical indications may be protected through a trademark or sui generis system or other legal means.

Article QQ.D.2:

Where a Party provides administrative procedures for the protection or recognition of geographical indications, through a system of trademarks or a sui generis system, the Party shall with respect to applications for such protection or petitions for such recognition:

  1. accept those applications or petitions without requiring intercession by a Party on behalf of its nationals62;

  2. process those applications or petitions without imposition of overly burdensome formalities;

  3. ensure that its regulations governing the filing of those applications or petitions are readily available to the public and clearly set out the procedures for these actions;

  4. make available information sufficient to allow the general public to obtain guidance concerning the procedures for filing applications or petitions and the processing of those applications or petitions in general; and allow applicants, petitioners, or their representatives to ascertain the status of specific applications and petitions;

  5. ensure that those applications or petitions are published for opposition and provide procedures for opposing geographical indications that are the subject of applications or petitions; and

  6. provide for cancellation, annulment, or revocation of the protection or recognition afforded to a geographical indication63

Article QQ.D.3:

Each Party shall, whether protection or recognition is provided to a geographical indication through [SG/CA/MY oppose: its domestic measures] [SG/CA/MY propose: the system referred to in article QQ.D.2] [CL/PE/MY/SG/VN/BN/CA/MX oppose64: or pursuant to an agreement with another government or government entity], provide a process that allows interested persons to object to the protection or recognition of a geographical indication, [CA oppose: and for protection or recognition to be65 refused annulled66 or, [AU propose: where appropriate,] cancelled] [MY/VN/SG/MX oppose67: , at least on the following grounds:

  1. the geographical indication is likely to cause confusion with a trademark or geographical indication that is the subject of a pre-existing good faith pending application or registration in the territory of such Party[68];

  2. [BN oppose: the geographical indication is likely to cause confusion with a pre-existing trademark or geographical indication, the rights to which have been acquired in accordance with the Party's law[69];] and

  3. the geographical indication is a term customary in common language as the common name for such goods or services in that Party's territory.]]

Article QQ.D.4:

[US propose;70 CL/PE/NZ/AU/SG/MY/MX/CA/BN/VN oppose: No Party shall, whether pursuant to an agreement with a government or a governmental entity or otherwise:

(a) in the case of geographical indications for goods other than wines or spirits, prohibit third parties from using or registering translated versions of the geographical indication;[71] or

(b) prohibit third parties from using a term that is evoked by the geographical indication.]

Article QQ.D.5:

[NZ/AU/BN/US propose;72 VN/PE/SG/CL/MY/CA/MX oppose: A Party may provide the means to protect a geographical indication against use in translation by third parties only if such use would, with respect to a geographical indication for goods other than wines and spirits:

(a) give rise to a likelihood of confusion with a prior trademark or geographical indication in the territory of that Party;

(b) mislead the public as to the geographical origin of the good; or

(c) constitute an act of unfair competition within the meaning of Article 10bis of the Paris Convention (1967).

Article QQ.D.6:

[US/NZ/AU/CL/SG propose;73 MX/VN/PE/MY oppose: If a Party grants protection or recognition to a geographical indication through the systems described in Article QQ.D.2 or through an agreement with another government or government entity, such protection or recognition shall commence no earlier than [CL oppose: (i) the filing date in the Party[74],] (ii) the date on which such agreement enters into force, or (iii) if a Party implements such protection or recognition on a date after entry into force of the agreement, on that later date75.]

Article QQ.D.7:

[NZ/AU/US propose;76 PE/CL/VN/SG/MY/BN/CA/MX oppose: No Party shall preclude the possibility that a term that it recognized as a trademark or geographical indication may become a term customary in the common language as the common name for the associated goods or services.]

Article QQ.D.8:

[CL/PE/AU/US/NZ/MX/CA/VN/JP propose 77 ; BN oppose: In determining whether a term is the term customary in the common language as the common name for the relevant goods or services in a Party's territory, a Party's authorities shall have the authority to take into account how consumers understand the term in that Party's territory. Factors relevant to such consumer understanding may include [SG/CL/PE/MX/VN propose: if appropriate]:

  1. whether the term is used to refer to the type of product in question, as indicated by competent sources such as dictionaries, newspapers, and relevant websites;

  2. how the product referenced by the term is marketed and used in trade in the territory of that Party; and

  3. [CL/PE/MX/CA oppose78: whether the term is used in relevant international standards to refer to a class or type of product].]

Article QQ.D.9:

[NZ/AU/US/VN/BN/CL propose79; PE/MY/MX oppose: An individual component of a multi-component term that is protected as a geographical indication in a Party shall remain available for the public to use in that Party if the individual component is a term customary in the common language as the common name for the associated goods.]

[SG propose80: For greater certainty, nothing in this section shall require a Party to apply its provisions in respect of any individual component contained in a GI for which that individual component is identical with the term customary in common language as the common name of such goods in the territory of that Party.]

Article QQ.D.10:

[US propose;81 AU/CL/SG/PE/MY/NZ/BN/VN/MX/CA oppose: The existence of a geographical indication shall not be a ground upon which a Party may:

  1. refuse a trademark owner's otherwise permissible request to renew the registration of its trademark; or

  2. refuse a trademark owner's request to register an otherwise permissible modification of its registered trademark.]

Article QQ.D.11: [CL/SG/BN/VN/MX propose82; AU/PE/US/NZ/CA/JP oppose: List of Geographical Indications

The terms listed in Annex […] are recognized as geographical indications of the respective Party, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to domestic laws [83], in a manner that is consistent with the TRIPS Agreement, such terms will be protected as geographical indications in the territories of the other Parties.]

Article QQ.D.12: {Homonymous Geographical Indications}

[NZ/CL/VN/MY/BN/SG/MX propose84; PE/US/AU oppose: 1. Each Party may provide protection to homonymous geographical indications. Where a Party provides protection to homonymous geographical indications, that Party may, where necessary, lay down the practical conditions of use to make a distinction between the homonymous geographical indications, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.]

[CL propose; AU/US/PE/NZ/VN/SG/MY/BN/MX/CA/JP oppose: 2. The Parties recognize the geographical indication Pisco for the exclusive use for products from Chile and Peru.]

[CL/SG/BN/MX propose; AU/PE/US/NZ/CA/JP oppose: Annex […] Lists of Geographical Indications]

Article QQ.D.13: {Country Names}

[CL/AU/NZ/SG/BN/VN/MY/PE/CA/MX/JP propose85 : The Parties shall provide the legal means for interested parties to prevent commercial use of country names of the Parties in relation to goods in a manner which misleads consumers as to the origin of such goods.]

Article QQ.D.14:

[US propose86; CL/PE/VN/MY/CA oppose: Each Party shall permit the use, and as appropriate, allow the registration, of signs orindications that identify goods other than wines or spirits, and that reference a geographical area that is not the place of origin of the goods, unless such use is misleading, would constitute an act of unfair competition, or would cause a likelihood of confusion with a prior trademark or geographical indication that identifies the same or similar goods. The foregoing shall not be understood to prevent a Party from denying registration of such a sign or indication on other grounds, provided such denial does not derogate from the provisions of the Paris Convention and the TRIPS Agreement.]

{PATENTS/ UNDISCLOSED TEST OR OTHER DATA/ TRADITIONAL KNOWLEDGE}

{Section E: Patents / Undisclosed Test or Other Data / Traditional Knowledge}

Article QQ.E.1: {Patents / Patentable Subject matter}

1. Subject to the provisions of paragraph 2 and 3, each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that the invention is new, involves an inventive step, and is capable of industrial application. 87 [US/AU propose; 88 CL/MY/PE/SG/VN/BN/NZ/CA/MX oppose: The Parties confirm that:

  1. patents shall be available for any new uses or methods of using a known product],

[US/JP propose; CL/MY/PE/SG/VN/BN/AU/NZ/CA/MX oppose: (b) a Party may not deny a patent solely on the basis that the product did not result in enhanced efficacy of the known product when the applicant has set forth distinguishing features establishing that the invention is new, involves an inventive step, and is capable of industrial application.]

2. Each Party may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to nature or the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.

3. [US: Consistent with paragraph 1] each Party [US propose; AU/NZ/VN/BN/CL/PE/MY/SG/CA/MX oppose: shall make patents available for inventions for the following] [NZ/CL/PE/MY/AU/VN/BN/SG/CA/MX propose: may also exclude from patentability]:

(a) plants and animals, [NZ/CL/PE/MY/AU/VN/BN/SG/CA/MX propose: other than microorganisms];

[JP oppose: (b)diagnostic, therapeutic, and surgical methods for the treatment of humans or animals [US propose; AU/SG/MY/NZ/CL/PE/VN/BN/CA/MX oppose: if they cover a method of using a machine, manufacture, or composition of matter]; [NZ/CL/PE/MY/AU/VN/BN/SG/CA/MX propose:] and

(c) essentially biological processes for the production of plants or animals, other than non-biological and microbiological processes for such production.]

[MX propose: (d) and the diagrams, plans, rules and methods for carrying out mental processes, playing games or doing business, and mathematical methods as such; software as such; methods to present information as such; and aesthetic creations and artistic or literary works.]

[NZ/CA/SG/CL/MY propose: ALT 3. Each Party may also exclude from patentability:

  1. diagnostic, therapeutic and surgical methods for the treatment of humans or animals; and

  2. plants and animals other than microorganisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Parties shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.]

Article QQ.E.2: {Patentable Subject Matter}

Each Party shall89 disregard at least information contained in public disclosures used to determine if an invention is novel or has an inventive step if the public disclosure[90 [91]92:

  1. was made by the patent applicant or by a person who obtained the information directly or indirectly from the patent applicant,

and

  1. occurred within 12 months prior to the date of filing of the application in the territory of the Party.

Article QQ.E.3:

[US: Without prejudice to Article 5A(3) of the Paris Convention,] Each Party shall provide that a patent may be cancelled, revoked or nullified only on grounds that would have justified a refusal to grant the patent. A Party may also provide that fraud, misrepresentation, or inequitable conduct may be the basis for cancelling, revoking, or nullifying a patent or holding a patent unenforceable. [AU/CL/MY/NZ/BN/CA/MX/VN propose93; US/JP oppose: A Party may also provide that a patent may be cancelled, revoked or nullified on the basis that the patent is used in a manner determined to be anti-competitive in a judicial [VZ/CA/MX propose: or administrative] proceeding] [AU/CL/CA/MX propose: US oppose; consistent with Article 5A(3) of the Paris Convention.]

Article QQ.E.4: 94

Article QQ.E.4: {Opposition to Grant of Patent}

[NZ/CA/SG/CL/MY propose: Each Party shall provide a procedure for third persons to oppose the grant of a patent, either before or after the grant of a patent, or both.]

Article QQ.E.5: {Exceptions}

Each Party may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking into account the legitimate interests of third parties.

Article QQ.E.5bis: {Regulatory Review Exception}

[NZ/CA/SG/CL/MY propose: Consistent with [Article QQ.E.5 (Exceptions)], each Party may provide that a third person may do an act that would otherwise infringe a patent if the act is done for purposes connected with the collection and submission of data in order to comply with the regulatory requirements of that Party or another country, including for purposes connected with marketing or sanitary approval.]

Article QQ.E.5ter: {Experimental Use of a Patent}

[NZ/CA/SG/CL/MY propose: 1. Consistent with [Article QQ.E.5 (Exceptions)], each Party may provide that a third person may do an act that would otherwise infringe a patent if the act is done for experimental purposes relating to the subject matter of a patented invention.

2. For the purposes of this Article, experimental purposes may include, but need not be limited to, determining how the invention works, determining the scope of the invention, determining the validity of the claims, or seeking an improvement of the invention (for example, determining new properties, or new uses, of the invention).]

Article QQ.E.5quater: {Other Use Without Authorisation of the Right Holder}

[NZ/CA/SG/CL/MY propose: Nothing in this Chapter shall limit a Party's rights and obligations under Article 31 of the TRIPS Agreement or any amendment thereto.]

Article QQ.E.6: {Patent filing}

1 Each Party shall provide that where an invention is made independently by more than one inventor, and separate applications claiming that invention are filed with or for the relevant authority of the Party, any patent granted for the claimed invention shall be granted on the application [US/VN/MX propose; AU/NZ/CL/MY/CA/PE oppose: which has been found to be patentable and] which has the earliest filing or, if applicable, priority date [AU/NZ/PE/BN/CL/CA95 propose;96 US/VN/MY/MX/SG oppose: and which is published].[US: 97]

Article QQ.E.7:

Each Party shall provide patent applicants with at least one opportunity to make amendments, corrections, and observations in connection with their applications98.

Article QQ.E.8:

[US/AU/PE/VN propose;99 CL/MY/BN/NZ/CA/SG/MX100 oppose: Each Party shall provide that a disclosure of a claimed invention shall be considered to be sufficiently clear and complete if it provides information that allows the invention to be made and used by a person skilled in the art, without undue experimentation, as of the filing date.]

Article QQ.E.9:

[US/PE/AU propose; 101 CL/VN/MY/BN/NZ/CA/SG/MX oppose: Each Party shall provide that a claimed invention [AU oppose: is] [AU propose: shall be] sufficiently supported by its disclosure [AU oppose: if the disclosure reasonably conveys to a person skilled in the art that the applicant was in possession of the claimed invention] as of the filing date.]

Article QQ.E.10:

[US/AU/MX propose;102 SG/CL/MY/VN/PE/BN/NZ/CA oppose: Each Party shall provide that a claimed invention is [US/AU propose: useful] [MX propose: industrially applicable] if it has a specific [MX propose: and], substantial, [MX oppose: and credible] utility.]

Article QQ.E.11: {Publication of Patent Applications}

[AU/PE/NZ/MY/CL/VN/US/CA/MX/JP: 1. Each Party shall publish [US/MX oppose: or make available for public inspection] any patent application promptly after the expiry of 18 months from its filing date or, if priority is claimed, from its priority date, unless the application has been published earlier or has been withdrawn, abandoned or refused [CA propose: , without leaving any rights outstanding].]103

[AU/PE/NZ/CL/VN/CA/MX propose; MY oppose: 2. Each Party shall provide that an applicant may request the early publication of an application prior to the expiry of the period mentioned above.]

Article QQ.E.12:

[US/AU104/CA/SG/PE/CL/NZ/JP propose; MY/BN/VN/MX oppose: For published105 patent applications and issued patents, each Party shall make available to the public [US/PE/CA propose: at least] the following information : submitted [US/SG/PE propose: to that Party's competent authorities] in accordance with [US/SG/PE propose: their] requirements [US/SG/PE oppose: of the Party's competent authorities] [AU/CA/CL propose: in their possession] [US/SG/PE propose: and] in connection with the prosecution of such patent applications and patents:

(a) search and examination results, [JP oppose: including any relevant prior art search histories];

(b) [SG/PE/CL/US/NZ/AU/JP propose: non confidential]106 communications from applicants; and

(c) patent and non-patent related literature citations submitted by applicants, and relevant third parties.]

Article QQ.E.X: {Exhaustion of Rights}

[CL propose: The Parties are encouraged to establish international exhaustion of patent rights. For this purpose, the registration of a patent shall not entitle its holder to prevent third parties from making, using, offering for sale, selling or importing a product protected by that patent, which has been put in the market in any country by the patent holder or with his consent.]

Article QQ.E.XX

[US propose; CA/NZ/JP oppose: Each Party, at the request of the patent owner, shall adjust the term of a patent to compensate for unreasonable delays that occur in the granting of the patent. For purposes of this subparagraph, an unreasonable delay at least shall include a delay in the issuance of the patent of more than four years from the date of filing of the application in the territory of the Party, or two years after a request for examination of the application has been made, whichever is later. Periods attributable to actions of the patent applicant need not be included in the determination of such delays. Any patent term adjustment under this article shall confer all of the exclusive rights of a patent subject to the same limitations and exceptions that would otherwise apply to the patent absent any adjustment of the patent term.]

Article QQ.E.13107 108: {Exceptions / Regulatory Review Exception}

[US/NZ/PE/CA/MX/JP propose: Consistent with paragraph [QQ.E.5] (patent exceptions and limitations), each Party shall permit] [CL/SG/MY/AU/VN/BN propose: Where a Party permits] a third person to use the subject matter of a subsisting patent to [US/NZ/PE/AU/MX/VN/BN/JP] propose: generate information necessary to] support an application for [AU/CA/MX/VN/BN propose: regulatory or] marketing approval [CL/NZ/PE/SG/MY/AU/CA/MX/VN/BN propose: or sanitary permit] of a [AU/CA/VN/BN oppose: pharmaceutical] product [PE propose: or agricultural chemical product], [US/NZ/PE/SG/MY/MX/JP propose: and shall further] [CL/AU/CA/VN/BN propose: that Party may also] provide that any product produced under such authority [CL/AU/CA/VN/BN propose: may be] [US/NZ/PE/SG/MY/MX/JP propose: shall not be] made, [CA propose: constructed,] [CL/PE/VN/BN propose: offered for sale], [PE/VN/BN propose: imported,] used, or sold in its territory [US/NZ/PE/SG/MY/MX/JP propose: other than] for purposes related to [US/NZ/PE/AU/MX/VN/BN/JP propose: generating such information to support an application for] meeting [AU/CA/MX/VN/BN propose: regulatory or] marketing approval [CL/NZ/PE/SG/MY/AU/CA/MX/VN/BN propose: or sanitary permit] requirements of that Party [NZ/SG/MY/AU/CA/MX/CL/VN/BN propose: or another country].

[US/SG/MY/PE/MX/CL propose;109 NZ/AU/CA/VN/BN oppose: If the Party permits exportation of such a product, the Party shall provide that the product shall only]] [NZ/CA/BN propose: Each Party shall permit a product to] [AU/VN propose: Each Party may permit such a product to] be exported outside its territory [US/NZ/PE/AU/MX/VN/BN propose: for purposes of generating information] to support an application for meeting [AU/CA/MX/VN/BN propose: regulatory or] marketing approval [CL/NZ/SG/MY/PE/AU/CA/MX/VN/BN propose: or sanitary approval] requirements of that Party [CL/NZ/SG/MY/AU/CA/MX/VN/BN propose: or another country].

Article QQ.E.14:

[US propose;110 AU/NZ/CL/PE/MY/SG/BN/VN/CA/MX oppose: 6.

(a) Each Party shall make best efforts to process patent applications and marketing approval applications expeditiously with a view to avoiding unreasonable or unnecessary delays.

(c) Each Party, at the request of the patent owner, shall make available an adjustment of the patent term of a patent which covers a new pharmaceutical product111 or a patent that covers a method of making or using a pharmaceutical product, to compensate the patent owner of unreasonable curtailment of the effective patent term as a result of the marketing approval process.

(d) In implementing subparagraph 6(c), a Party may:

  1. limit the applicability of subparagraph 6(c) to a single patent term adjustment for each new pharmaceutical product that is being reviewed for marketing approval;

  2. require the basis for the adjustment to be the first marketing approval granted to the pharmaceutical product in that Party;

    and

  3. limit the period of the adjustment to no more than 5 years.

(e) In implementing subparagraph 6(c), and as a condition for providing the adjustment set forth in subparagraph 6(c) for a new pharmaceutical product approved consistent with Article 9.2(b) or Article 9.2(d), a Party may require an applicant that has submitted an application for marketing approval consistent with Article 9.2(b) or Article 9.2(d) to commence the process of obtaining marketing approval for that new pharmaceutical product in the Party within [X] years of the date of the first marketing approval of the same pharmaceutical product in another Party.112

(f) Any adjustment under subparagraph 6(c) shall confer all of the exclusive rights, subject to the same limitations and exceptions, of the patent claims of the product, its method of use, or its method of manufacture in the originally issued patent as applicable to the product and the approved method of use of the product. ]] ]

Article QQ.E.16: 113 [US: Pharmaceutical Products

Submission of Information or Evidence Concerning the Safety or Efficacy of a New Pharmaceutical Product

[US propose; AU/PE/VN/NZ/CL/MY/SG/BN oppose: 1. (a) If a Party requires or permits, as a condition for granting marketing approval for a new pharmaceutical product, the submission of information concerning the safety or efficacy of the product, the origination of which involves a considerable effort, the Party shall not, without the consent of a person previously submitting such safety or efficacy information to obtain marketing approval in the territory of the Party, authorize a third person to market a same or a similar product based on:

  1. the safety or efficacy information previously submitted in support of the marketing approval; or

  2. evidence of the existence of the marketing approval,

  1. for at least five years from the date of marketing approval of the new pharmaceutical product in the territory of the Party.

  2. If a Party requires or permits, in connection with granting marketing approval for a new pharmaceutical product, the submission of evidence concerning the safety or efficacy of a product that was previously approved in another territory, such as evidence of prior marketing approval in the other territory, the Party shall not, without the consent of a person previously submitting the safety or efficacy information to obtain marketing approval in the other territory, authorize a third person to market a same or a similar product based on:

  1. the safety or efficacy information submitted in support of a prior marketing approval in the other territory; or

  2. evidence of the existence of a prior marketing approval in the other territory,

for at least five years from the date of marketing approval of the new pharmaceutical product in the territory of the Party.

Submission of New Clinical Information or Evidence relating to a Pharmaceutical Product that Includes a Chemical Entity that has been Previously Approved for Marketing in Another Pharmaceutical Product

  1. If a Party requires or permits, as a condition of granting marketing approval for a pharmaceutical product that includes a chemical entity that has been previously approved for marketing in another pharmaceutical product, the submission of new clinical information that is essential to the approval of the pharmaceutical product containing the previously approved chemical entity, other than information related to bioequivalency, the Party shall not, without the consent of a person previously submitting such new clinical information to obtain marketing approval in the territory of the Party, authorize a third person to market a same or a similar product based on:

  1. the new clinical information previously submitted in support of the marketing approval; or

  2. evidence of the existence of the marketing approval that was based on the new clinical information,

for at least three years from the date of marketing approval based on the new clinical information in the territory of the Party.

  1. If a Party requires or permits, in connection with granting marketing approval for a pharmaceutical product of the type specified in subparagraph (c), the submission of evidence concerning new clinical information for a product that was previously approved based on that new clinical information in another territory, other than evidence of information related to bioequivalency, such as evidence of prior marketing approval based on new clinical information, the Party shall not, without the consent of a person previously submitting such new clinical information to obtain marketing approval in the other territory, authorize a third person to market a same or a similar product based on:

  1. the new clinical information submitted in support of a prior marketing approval in the other territory; or

  2. evidence of the existence of a prior marketing approval that was based on the new clinical information in the other territory,

for at least three years from the date of marketing approval based on the new clinical information in the territory of the Party.]

[US: Additional Provisions relating to Pharmaceutical Products

  1. Notwithstanding paragraph 2 above, a Party may take measures to protect public health in accordance with:

  1. the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2) (the "Declaration");

  2. any waiver of any provision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement to implement the Declaration and in force between the Parties; and

  3. any amendment of the TRIPS Agreement to implement the Declaration that enters into force with respect to the Parties.

  1. A Party that requires or permits an applicant to obtain approval for marketing a new pharmaceutical product in its territory by relying, in whole or in part, on the prior approval of the pharmaceutical product by the regulatory authority in another territory may, as a condition for providing the period of data protection specified in subparagraph 2(b) or 2(d), require an applicant that has submitted an application for marketing approval consistent with said subparagraphs to commence the process of obtaining marketing approval for that pharmaceutical product within [X] years of the date of first marketing approval of the same pharmaceutical product in another Party.

Article QQ.E.17:

1. Where a Party requires or permits, as a condition of approving the marketing of a pharmaceutical product, persons, other than the person originally submitting safety or efficacy information, to rely on that information or on evidence concerning safety or efficacy information for a product that was previously approved, such as evidence of prior marketing approval in another territory, each Party shall:114

(a) provide a transparent and effective system to:

  1. identify a patent or patents covering an approved pharmaceutical product or its approved method of use; and

  2. provide notice to a patent holder of the identity of another person who intends to market, during the term of the identified patent or patents, a product that is the same as, or similar to, the approved pharmaceutical product referenced in subparagraph 5(a)(i).

(b) unless such other person agrees to defer the marketing of the product until after the expiration of an identified patent, ensure that a patent holder may seek, prior to granting of marketing approval to an allegedly infringing product, available remedies by providing:

  1. an automatic delay of the grant of marketing approval that remains in place for a period of time designed to ensure sufficient opportunity to adjudicate115 disputes concerning the validity or infringement of allegedly infringed patents; and

  2. judicial or administrative procedures, including effective

    provisional measures, to allow for the timely adjudication of disputes concerning the validity or infringement of an allegedly infringed patent.

(c) If such other person's product has been found to infringe a valid patent identified pursuant to subparagraph (a), provide measures that operate to prohibit the unauthorized marketing of that product prior to the expiration of the patent.

(d) when a Party delays the grant of marketing approval consistent with subparagraph 5(b)(i), provide an effective reward, consistent with the provisions of this Agreement, for the successful challenge of the validity or applicability of the patent.116

  1. In implementing subparagraph 5(b)(i), and as a condition for providing the automatic delay of the grant of marketing approval specified in subparagraph 5(b)(i) for a new pharmaceutical product approved consistent with subparagraph 2(b) or 2(d), a Party may require that an applicant that has submitted an application for marketing approval consistent with subparagraph 2(b) or 2(d) to commence the process of obtaining marketing approval for that new pharmaceutical in the Party within [X] years of the date of first marketing approval of the pharmaceutical product in another Party.

Article QQ.E.18:

Where a Party provides for a period of data protection for a pharmaceutical product of more than [5+Y] years pursuant to subparagraph 2(a) or 2(b) of this Article, that Party is not required to implement for that pharmaceutical product subparagraphs 2(c), 2(d) (3-year data protection in connection with submission of new clinical information), 5(b)(i) (automatic delay of marketing approval) or 5(d) of this Article (reward for the successful challenge of the validity or applicability of a patent).

Article QQ.E.19:

Where a Party chooses to apply subparagraph 6(e) of Article 8 and paragraphs 4 and 6 of this Article, the following provisions shall apply:

  1. a Party shall permit an applicant to commence the process of obtaining marketing approval by providing the regulatory authority of the Party information supporting approval of the new pharmaceutical product in the Party that is available to the person at the time the request is made, such as evidence of the prior approval of the product in another Party. It is understood that, while a Party may impose reasonable additional requirements or deadlines as a condition of authorizing the person to market the pharmaceutical product in its territory, satisfaction of those additional requirements or deadlines or the granting of approval shall be recognized by the Party as necessarily occurring after the commencement of the marketing approval process within the meaning of subparagraph 6(e) of Article 8 and paragraphs 4 and 6 of this Article; and

  2. a Party may not refuse to grant approval of a new pharmaceutical product on the basis of a failure of an applicant for marketing approval to satisfy the requirements of subparagraph 6(e) of Article 8 or paragraphs 4 and 6 of this Article.

Article QQ.E.20: [Placeholder for specific provision applying to biologics].]

[US: General Provisions relating to Pharmaceutical Products and Agricultural Chemical Products

Article QQ.E.21:

For purposes of this Article, a new pharmaceutical product means a product that does not contain a chemical entity that has been previously approved in the territory of the Party for use in a pharmaceutical product [JP propose: for human use].117

Article QQ.E.22:

Subject to paragraph 3 (protection of public health), when a product is subject to a system of marketing approval in the territory of a Party pursuant to paragaph 1 or 2 and is also covered by a patent in the territory of that Party, the Party shall not alter the term of protection that it provides pursuant to paragraph 1 or 2 in the event that the patent protection terminates on a date earlier than the end of the term of protection specified in paragraph 1 or 2.]]

Article QQ.E.XX.1: {Measures to Encourage Timely Entry of Pharmaceutical Products}

[NZ/CA/SG/CL/MY/VN propose: Each Party may adopt or maintain measures to encourage the timely entry of pharmaceutical products to its market.]

Article QQ.E.XX.2: {Patent Quality and Efficiency}

[NZ/CA/SG/CL/MY/VN propose: 1. Each Party shall endeavour to improve quality and efficiency in its patent system.

2. Each Party shall endeavour to enhance its patent registration system by maintaining examination procedures, cancellation procedures and, where provided, opposition procedures that consistently provide high quality rights for granted patents, and endeavour to simplify and streamline its administration system for the benefit of all users of the system and the public as a whole.]

Article QQ.E.XX.3: {Processing Efficiency}

[NZ/CA/SG/CL/MY/VN propose: 1. Each Party shall endeavour to process applications for patents, and applications for marketing, regulatory or sanitary approval of pharmaceutical products, in an efficient and timely manner.

2. Each Party may provide a procedure for patent applicants to apply to expedite the examination of their patent application.

3. If there are unreasonable delays in a Party's processing of applications for patents, or processing of applications for marketing, regulatory or sanitary approval of pharmaceutical products, the Party shall endeavour to address those delays.]

Article QQ.E.XX.4: {Protection of Undisclosed Data}

[NZ/CA/SG/CL/MY/VN propose: 1. Where a Party requires, as a condition of marketing, regulatory or sanitary approval for pharmaceutical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, that Party shall protect such data against unfair commercial use. In addition, each Party shall protect such data against disclosure, except where necessary to protect the public or unless steps are taken to ensure that the data is protected against unfair commercial use.

  1. Each Party may provide that the protection of data under paragraph 1, inter alia:

    1. is limited to undisclosed test or other data, the origination of which involves a considerable effort;

    2. is limited to pharmaceutical products that do not contain a new chemical entity that has been previously approved for marketing in the Party;

    3. is limited to pharmaceutical products which utilize a new chemical entity;

    4. is available only once per pharmaceutical product;

    5. is not available for new uses or indications, new dosage forms or methods of making a pharmaceutical product;

    6. is limited to a period of time as determined by the Party; or

    7. may be waived to facilitate the marketing, regulatory or sanitary approval of a pharmaceutical product that is the subject of a voluntary or compulsory license, or a licence otherwise issued pursuant to the TRIPS Agreement.

  1. Each Party may take measures to protect public health in accordance with:

    1. the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2) (the "Declaration");

  1. any waiver of any provision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement to implement the Declaration and in force between the Parties; and

  2. any amendment of the TRIPS Agreement to implement the Declaration that enters into force with respect to the Parties.]

Article QQ.E.XX.5: {Publication of Regulatory Approval}

[NZ/CA/SG/CL/MY/VN propose: Each Party shall endeavour to promptly make public the granting of marketing, regulatory or sanitary approval of pharmaceutical products.]

Article QQ.E.XXX {Agricultural Chemical Products}

[US/SG/PE/MX/JP propose118 ; NZ/VN oppose: 1.

(a) If a Party requires [AU/CL/MX oppose: or permits], as a condition of granting marketing approval [CL/MX propose: or sanitary permit] for a new agricultural chemical product [CL/MX propose; JP oppose: which utilize new chemical entity], the submission of [CL/MX propose: undisclosed][AU oppose: information] [AU propose; JP oppose: undisclosed test or other data] concerning safety or efficacy of the [CL/MX oppose: product][CL/MX propose; JP oppose: new chemical entity], the Party shall not, without the consent of [AU oppose: a person that previously submitted such] [AU propose: the person who provided the] [CL/MX oppose: safety or efficacy] information [AU oppose: to obtain marketing approval in the Party, authorize another] [AU propose: , permit third persons] to [CL/MX oppose: market] a [CL/MX oppose: same or a similar] product based on:

[SG oppose: (i) [CL/MX propose; JP oppose: undisclosed information concerning][AU oppose: the safety or efficacy information submitted in support of the marketing approval] [CL/MX propose: or sanitary permit][AU propose; JP oppose: that undisclosed test or other data]; or]

[CL/MX oppose: (ii) [AU oppose: evidence of the existence of] the marketing approval,]

[MX oppose: for [AU oppose: at least] ten years from the date of marketing approval [AU oppose: in the territory of] [AU propose: by] the Party .] [MX propose: Where origination of such data involve considerable efforts,119 ] [CL/MX propose; JP oppose: Each Party shall protect such information against disclosure except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use]

[CL/MX oppose: (b) If a Party [AU oppose: requires or permits, in connection with] [AU propose: permits, as a condition of ] granting marketing approval for a new agricultural chemical product, the submission of evidence concerning the safety or efficacy of a product that was previously approved in another territory, such as evidence of prior marketing approval [AU oppose: in the other terrritory]; the Party shall not, without the consent of [AU oppose: a person that] [AU propose: the person who] previously submitted [AU oppose: the safety or efficacy] information [AU propose: concerning safety or efficacy] to obtain marketing approval in another territory, [AU oppose: authorize another] [AU propose: permit third persons] to market a same or a similar product based on:

[SG oppose: (i) [AU oppose: the safety or efficacy] information [AU propose: concerning safety or efficacy] submitted [AU oppose: in support of] [AU propose: to obtain] the prior marketing approval in the other territory; or]

(ii) evidence of [AU oppose: the existence of a] prior marketing approval in the other territory,

for [AU oppose: at least] ten years from the date of marketing approval [AU oppose: of the new product in the territory of the Party].]

[PE propose120: In order to receive protection under subparagraph (b), a Party may require that the person providing the information in the other territory seek approval in the territory of the Party within five years after obtaining marketing approval in the other territory.]

[MX propose121: Where a Party relies on a marketing approval granted by another Party, the reasonable period of exclusive use of the data submitted in connection with obtaining the approval relied on shall begin with the date of the first marketing approval relied on.]

[CL/MX oppose: 2. For purposes of this Article, a new agricultural chemical product is one that [AU oppose: contains] [AU propose: does not contain] a chemical entity that has [AU oppose: not] been previously approved [AU propose: for marketing] in the [AU oppose: territory of the] Party [AU oppose: for use in an agricultural chemical product].]]

[NOTE: ARTICLES ORIGINALLY LABELED AS QQ.E.23-24 HAVE BEEN MOVED TO QQ.A.4-5]

Article QQ.E.23 122 : [PE/NZ/MX/SG: Proposed joint text for the Intellectual Property Chapter on Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources

[PE/NZ/VN/BN/MX/SG/CL/MY propose: 1. The Parties recognise the importance and contribution of traditional knowledge, traditional cultural expressions, and biological diversity to cultural, economic and social development. ]

[PE/MY/MX/BN propose; NZ/AU/SG/CL oppose: 2. Each Party exercises sovereignty over their biological [MY/BN oppose: diversity] [MY/BN propose: resources] and shall determine the access conditions to their genetic resources and their derivatives in accordance to their domestic legislation.]

[PE/NZ/BN/MY/MX/VN propose; AU/SG/CL oppose: 3. Where national legislation [MY/BN propose: or policies] establishes such requirements, the Parties recognise that users of genetic resources [NZ/CA oppose: and their derivatives] [ 123 ] or traditional knowledge associated with genetic resources [NZ/CA oppose: and their derivatives] [NZ propose: may] [PE/MY propose: shall]:

(a) obtain prior informed consent to access genetic resources [NZ/CA oppose: and their derivatives];

(b) access traditional knowledge associated with genetic resources [NZ/CA oppose: and their derivatives] with the prior informed consent or approval and involvement of the indigenous or local community holding such knowledge; and

  1. [BN/MY propose: fairly and] equitably share the benefits arising from the use of genetic resources [NZ/CA oppose: and its derivatives] and traditional knowledge associated with genetic resources [NZ/CA oppose: and their derivatives] on mutually agreed terms.]

[PE/NZ/MX/CL/VN propose; SG oppose: 4. The parties recognize that:

(a) information about genetic resources [NZ/CL/AU/CA oppose: and their derivatives] and traditional knowledge [CL oppose: associated with genetic resources [NZ/AU/CA oppose: and their derivatives]] can be useful in assessing patent applications against existing eligibility criteria; and

(b) the intellectual property system is one possible means to protect the traditional knowledge [CL oppose: associated with genetic resources [NZ/AU/CA oppose: and their derivatives]] and traditional cultural expressions of indigenous and local communities.]

[PE/NZ/MX/CL propose; SG oppose: 5. The Parties affirm that they will promote quality patent examination of applications concerning genetic resources and traditional knowledge [CL oppose: associated with genetic resources [NZ/AU/CA oppose: and their derivatives]] to ensure that the eligibility criteria for patentability are satisfied. This may include:

(a) in determining prior art, ensuring that readily available documented information related to genetic resources [NZ/CL/AU/CA oppose: and their derivatives] or traditional knowledge [CL oppose: associated with genetic resources [NZ/AU/CA oppose: and their derivatives]] is taken into account;

(b) an opportunity to cite, in writing, to the appropriate examining authority prior art that may have a bearing on patentability;

(c) where applicable and appropriate, the use of databases or digital libraries containing traditional knowledge [CL oppose: associated genetic resources [NZ/AU/CA oppose: and their derivatives]]; and

(d) cooperation in the training of patent examiners in the examination of patent applications related to genetic resources [NZ/CL/AU/CA oppose: and their derivatives] and traditional knowledge [CL oppose: associated with genetic resources [NZ/AU/CA oppose: and their derivatives]].]

[PE/NZ/AU/MX/MY/BN/VN/CL propose; SG oppose: 6. Subject to each Party's international obligations [AU/MY/BN/VN/CL oppose: the Parties affirm that they will endeavour to][AU/MY/BN/VN/CL propose: each Party may] establish appropriate measures to protect traditional knowledge and [MY oppose: traditional cultural expressions].]

[PE/MX propose; NZ/AU/SG/CL oppose: 7. Each Party will take appropriate, effective and proportionate measures to address situations of non-compliance with provisions established in paragraph 3.]

[PE/NZ/MX/SG/MY/BN/VN propose: 8. The Parties shall, through their respective agencies responsible for intellectual property, cooperate to enhance understanding of how the intellectual property system can deal with issues associated with traditional knowledge, traditional cultural expressions and genetic resources. [This text is a place holder, to be reconsidered depending on the outcome of the cooperation section of the IP chapter]]]

[JP propose: {INDUSTRIAL DESIGNS}

{Section F: Industrial Designs}

Article QQ.F.1: {Partial Design}

Each Party shall ensure that adequate and effective protection is provided to industrial designs, including to designs of a part of an article, regardless of whether or not the part can be separated from the article.]

{COPYRIGHT AND RELATED RIGHTS}

{Section G: Copyright and Related Rights [124]}

Article QQ.G.1: {Copyright and Related Rights / Right of Reproduction}

  1. Each Party shall provide125 that authors, [NZ oppose: performers], and producers of phonograms126 have the right127 to authorize or prohibit all reproductions of their works, [NZ oppose: performances], and phonograms, [128] in any manner or form,[129] [VN/CA/NZ oppose: permanent or temporary (including temporary storage in electronic form)] [130] [131] [VN propose: it shall be a matter for national legislation to determine exceptions and limitations under which the right may be exercised].

Article QQ.G.2: {Copyright}

Without prejudice to Articles 11(1)(ii), 11bis(1)(i) and (ii), 11ter(1)(ii), 14(1)(ii), and 14bis(1) of the Berne Convention, each Party shall provide to authors the exclusive right to authorize or prohibit the communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them.132

Article QQ.G.3: {Copyright and Related Rights}

[US/AU/PE/NZ/SG/CL/MX propose; VN/MY/BN/JP oppose: Each Party shall provide to authors, [NZ/MX oppose: performers,] and producers of phonograms the right to authorize or prohibit the importation[133] into that Party's territory of copies134 of the work [PE oppose: [NZ/MX: oppose: performance,] or phonogram] made without authorization, [PE/AU/NZ/CA/SG/CL/MX/JP oppose: or made outside that Party's territory with the authorization of the author, performer, or producer of the phonogram.[135] ]] [136]

Article QQ.G.4: {Right of Distribution}

Each Party shall provide to authors, [NZ/MX oppose: performers,] and producers of phonograms the right to authorize or prohibit the making available to the public of the original and copies137 of their works, [NZ/MX oppose: performances,] and phonograms through sale or other transfer of ownership.[138]

Article QQ.G.5:

Each Party shall provide that in cases where authorization is needed from both the author of a work embodied in a phonogram and a performer or producer owning rights in the phonogram, the need for the authorization of the author does not cease to exist because the authorization of the performer or producer is also required. Likewise, each Party shall provide that in cases where authorization is needed from both the author of a work embodied in a phonogram and a performer or producer owning rights in the phonogram, the need for the authorization of the performer or producer does not cease to exist because the authorization of the author is also required.

Article QQ.G.6:

[US/AU/PE/SG/CL/MX propose; VN/BN/NZ/MY/CA/JP oppose: Each Party shall provide that, where the term of protection of a work (including a photographic work), performance, or phonogram is to be calculated:

  1. on the basis of the life of a natural person, the term shall be not less than the life of the author and [MX propose: 100] [MX oppose: 70] years after the author's death; and

  1. on a basis other than the life of a natural person, the term shall be:

  1. not less than [US propose; CL oppose: 95] [AU/PE/SG/CL propose: 70] [MX propose: 75] years from the end of the calendar year of the first authorized publication of the work, performance, or phonogram, or

  2. failing such authorized publication within [US propose; CL oppose: 25] [SG/PE/AU/CL propose: 50] years from the creation of the work, performance, or phonogram, not less than [US propose; CL oppose: 120] [AU/PE/SG/CL propose: 70] years from the end of the calendar year of the creation of the work, performance, or phonogram.]

Article QQ.G.7: {Term of Protection for Copyright and Related Rights}

[NZ/BN/MY/VN/CA/JP propose; US/AU/SG/MX oppose: The term of protection of a work, performance or phonogram shall be determined according to each Party's domestic law and the international agreements to which each Party is a party.]

Article QQ.G.8:

Each Party shall apply Article 18 of the Berne Convention for the Protection of Literary and Artistic Works (1971) (Berne Convention) and [PE/SG/NZ/BN/US/VN/CL/MY/MX139: the corresponding provision in] Article 14.6 of the TRIPS Agreement, mutatis mutandis, to [CA oppose: the subject matter, rights, and obligations] [CA propose; US oppose: rights of authors, performers and producers of phonograms] in [Section G].

QQ.G.8

[CA/JP/SG/BN/NZ/PE/CL/VN/AU140 propose: Each Party shall apply, mutatis mutandis, Article 18 of the Berne Convention for the Protection of Literary and Artistic Works (1971) to the rights of authors, performers and producers of phonograms in [Section G]. A Party may provide for conditions, limitations, exceptions and reservations to the extent permitted in Article 14.6 of the TRIPS Agreement. ]

Article QQ.G.9:

Each Party shall provide that for copyright and related rights, any person acquiring or holding any economic right141in a work, [SG/BN/NZ/MY/VN/CL oppose: performance,] or phonogram:

  1. may freely and separately transfer that right by contract; and

  1. by virtue of a contract, including contracts of employment underlying the creation of works, [BN/SG/MY/VN/NZ/CL oppose: performances,] and phonograms, shall be able to exercise that right in that person's own name and enjoy fully the benefits derived from that right.

[CL: (c) Each Party may establish:

(i) which specific contracts underlying the creation of works or phonograms shall, in the absence of a written agreement, result in a transfer of economic rights by operation of law; and

(ii) reasonable limits to the provisions in [paragraph 2(a)] [cross reference to QQ.G.9(a)-(b)] to protect the interests of the original right holders, taking into account the legitimate interests of the transferees.]

Article QQ.G.X

No Party may subject the enjoyment and exercise of the rights of authors, performers and producers of phonograms provided for in this Chapter to any formality.

Article QQ.G.10: {Copyright and Related Rights / Technological Protection Measures}142

[US/AU/SG/PE/MX143 144 145 propose; MY/VN/BN/JP oppose146: (a) In order to provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that authors, performers, and producers of phonograms use in connection with the exercise of their rights147 and that restrict unauthorized acts in respect of their works, performances, and phonograms, each Party shall provide that any person who:

  1. knowingly, [CL oppose: or having reasonable grounds to know]148, circumvents without [CL oppose: authority] [CL propose: authorization] any effective technological measure that controls access to a protected work, performance, phonogram, [PE/CA/CL oppose: or other subject matter]; or

  2. manufactures, imports, distributes, [CL oppose: offers [CA/CL propose: for sale or rental] to the public, provides, or otherwise traffics149 in] devices, products, or components, [CL oppose: or offers to the public] or provides services, that:

    1. are promoted, advertised150, or marketed by that person, [PE/SG/CL oppose: or by another person acting in concert with that person and with that person's knowledge,] for the purpose of circumvention of any effective technological measure,

    2. have only a limited commercially significant purpose or use other than to circumvent any effective technological measure, or

    3. are primarily designed, produced, or performed for the purpose of [CA oppose: enabling or facilitating] the circumvention of any151 effective technological measure,

    shall be liable and subject to the remedies set out in Article [12.12]152 153. [CL propose: If the conduct is carried out in good faith without knowledge that the conduct in prohibited, a Party may exempt acts prohibited under this subparagraph that are carried out in connection with a nonprofit library, archive or educational institution]. Each Party shall provide for criminal procedures and penalties to be applied when any person, other than a nonprofit 154 library, [CA/CL propose: museum,] archive, educational institution, or [CA/CL oppose: public noncommercial broadcasting entity,] [CA propose: any other nonprofit entity as determined by a Party's law] is found to have engaged [CA oppose: willfully and for purposes of commercial advantage [CL oppose: or private financial gain]] [CA propose: knowingly and for commercial purposes] in any of the foregoing activities. [SG/AU/PE/CL155 oppose: Such criminal procedures and penalties shall include the application to such activities of the remedies and authorities listed in subparagraphs (a), (b), and (f) of Article [15.5]156 as applicable to infringements, mutatis mutandis. [157] ][CL propose: No Party is required to impose civil or criminal liability for a person who circumvents any effective
    technological measure that protects any of the exclusive rights of copyright or related rights in a protected work, but does not control access to such work].

  1. In implementing subparagraph (a), no Party shall be obligated to require that the design of, or the design and selection of parts and components for, a consumer electronics, telecommunications, or computing product provide for a response to any particular technological measure, so long as the product does not otherwise violate any measures implementing subparagraph (a).

[CL oppose: (c) Each Party shall provide that a violation of a measure implementing this paragraph is independent of any infringement that might occur under the Party's law on copyright and related rights.]

  1. 158 Each Party shall confine exceptions and limitations to measures implementing subparagraph (a) [CL oppose: to the following activities,] [CL propose: certain special cases that do not impair the adequacy of legal protection of the effectiveness of legal remedies against the circumvention of effective technological measures] [CL oppose: which shall be applied to relevant measures in accordance with subparagraph (e)]:

    1. [CA oppose: noninfringing reverse engineering activities with regard to a lawfully obtained copy of a computer program, carried out in good faith with respect to particular elements of that computer program that have not been readily available to the person engaged in those activities 159, for the sole purpose of achieving interoperability of an independently created computer program with other programs160] [CA propose: reverse engineering activities with regard to a lawfully obtained copy of a computer program, for the sole purpose of achieving interoperability of the program or any other program];

    2. [CA oppose: noninfringing good faith activities, carried out by an appropriately qualified researcher who has lawfully obtained a copy, [CL oppose: unfixed] performance, or display of a work, performance, or phonogram and who has made a good faith effort to obtain authorization for such activities, to the extent necessary for the sole purpose of research consisting of identifying and analyzing flaws and vulnerabilities of [CL propose: encryption] technologies161 [CL oppose: for scrambling and descrambling of information]] [CA propose: activities with regard to a lawfully obtained copy of a work, performance, or phonogram for the sole purpose of encryption research] ;

    3. the inclusion of a component or part for the sole purpose of preventing the access of minors to inappropriate online content in a technology, product, service, or device that itself is not prohibited under the measures implementing subparagraph (a)(ii)162;

    4. [CA oppose: noninfringing good faith activities that are authorized by the owner of a computer, computer system, or computer network for the sole purpose of testing, investigating, or correcting the security of that computer, computer system, or computer network] [CA propose: security testing activities that are authorized by the owner or administrator of a computer, computer system or computer network for the sole purpose of testing, investigating, or correcting the security of that computer, computer system or computer network];

    5. [CA oppose: noninfringing activities for the sole purpose of identifying and disabling a capability to carry out undisclosed collection or dissemination of personally identifying information reflecting the online activities of a natural person in a way that has no other effect on the ability of any person to gain access to any work] [CA propose: activities for the sole purpose of identifying or disabling a capacity to carry out collection or dissemination of personally identifying information];

    6. lawfully authorized activities carried out by government employees, agents, or contractors for the purpose of law enforcement, intelligence, essential security, or similar governmental purposes163;

    7. access by a nonprofit library, [CA propose: museum,] archive, or educational institution to a work, performance, or phonogram not otherwise available to it, for the sole purpose of making acquisition decisions; and

[CA propose: (viii) activities for the sole purpose of making a work, performance or phonogram perceptible to a person with a perceptual disability.

  1. activities for the sole purpose of making an ephemeral reproduction of a work, performance or phonogram,

  2. circumvention of a technological measure on a radio apparatus for the sole purpose of gaining or facilitating access to a telecommunication service by means of the radio apparatus]

  1. [CA oppose: noninfringing uses [SG oppose: of a work, performance, or phonogram] in a particular class of works, [SG oppose: performances, or phonograms] when an actual or likely adverse impact on those noninfringing uses [CL propose: or exceptionsor limitations to copyright or related rights with respect to users] is [PE oppose: credibly demonstrated] [PE propose: found] [CL propose: demonstrated or recognized] in a legislative or administrative review or proceeding [SG oppose: by substantial evidence]; provided that [AU/PE oppose: any limitation or exception adopted in reliance upon this clause shall have effect for a renewable period of not more than three [SG propose: four] years] [AU/PE propose: any such review or proceeding is conducted at least once every four years] from the date of conclusion of such review or proceeding.]

    [CA propose: (xi) Each Party may provide further exceptions and limitations to measures implementing subparagraph (a) in relation to non infringing uses as determined through a legislative, regulatory, judicial, or administrative process in accordance with the Party's law, following due consideration of the actual or potential adverse impact on those non infringing uses.]

  1. 164 The exceptions and limitations to measures implementing subparagraph (a) for the activities set forth in subparagraph [4.9(d)] may [CL oppose: only] be applied as follows[CL oppose: , and only to the extent that they do not impair the adequacy of legal protection or the effectiveness of legal remedies against the circumvention of effective technological measures]:

    1. Measures implementing subparagraph (a)(i) may be subject to exceptions and limitations with respect to each [CL propose: situations and] activity set forth in subparagraph (d).

    2. Measures implementing subparagraph (a)(ii), as they apply to effective technological measures that control access to a work, performance, or phonogram, may be subject to exceptions and limitations with respect to activities set forth in subparagraph (d)(i), (ii), (iii), (iv), and (vi).

  1. Measures implementing subparagraph (a)(ii), as they apply to effective technological measures that protect any copyright or any rights related to copyright, may be subject to exceptions and limitations with respect to activities set forth in subparagraph (d)(i) and (vi).

  1. 165 Effective technological measure means any [CA propose: effective] technology, device, or component that, in the normal course of its operation, controls access to a protected work, performance, phonogram, [PE/CL/CA oppose: or other protected subject matter,] or protects [CA oppose: any copyright or any rights related to copyright] [CA propose: rights related to a work, performance or phonogram].][CL propose: and cannot, in a usual case be circumvented accidentally.]

Article QQ.G.11:

[SG/CL propose166: Nothing in this agreement shall require any Party to restrict the importation or domestic sale of a device that does not render effective a technological measure the sole purpose of which is to control market segmentation for legitimate copies of cinematographic film or computer program, and is not otherwise a violation of law.]

Article QQ.G.12167: {Technological Protection Measures}

[CL/NZ/PE/VN/MY/BN/JP propose; AU/US oppose:

1. [PE/SG oppose: Each Party [VN propose: may] [VN oppose: shall] provide legal protections and remedies against the circumvention of effective technological protection measures in their domestic copyright laws where circumvention is for purposes of infringing the exclusive rights of copyright [NZ oppose: or related rights] owners.]

2. Each Party may provide that such protections and remedies shall not hinder or prevent uses of copyright or related rights protected material that are permitted under exceptions or limitations to the exclusive rights of copyright [NZ oppose: and related rights] owners, or the use of materials that are in the public domain.

[PE/SG: It is understood that nothing in this Article prevents a Party from adopting effective and necessary measures to ensure that a beneficiary may enjoy limitations and exceptions provided in that Party's national law, in accordance with Article QQG16, where technological measures have been applied to a work, performance or phonogram, and the beneficiary has legal access to that work, performance or phonogram particularly in circumstances such as where appropriate and effective measures have not been taken by rights holders in relation to that work, performance or phonogram to enable the beneficiary to enjoy the limitations and exceptions under that Party's national law.168]

3. Subject to each Party's international obligations, the Parties affirm that they may establish provisions to facilitate the exercise of permitted acts where technological measures have been applied.]

Article QQ.G.13: {Copyright and Related Rights / Rights Management Information}

In order to provide adequate and effective legal remedies to protect rights management information:

  1. each Party [VN oppose: shall] [VN: may] provide [VN oppose: that] [VN: legal remedies against] any person who without authority, and knowing, or, with respect to civil remedies, having reasonable grounds to know, that it would induce, enable, facilitate, or conceal an infringement of [CA oppose: any] [CA propose: the] copyright or related right [VN oppose: ,] [VN: :]

  1. knowingly removes or alters any [CA/JP propose: electronic] rights management information;

  2. [MY/BN/VN/CA/JP oppose: distributes or imports for distribution rights management information knowing that the rights management information has been altered without authority; or]

  3. [CA propose: knowingly] distributes, imports for distribution, broadcasts, communicates or makes available to the public copies of works, [CL/NZ/MY/SG/VN oppose: performances,] or phonograms, knowing that [CA/JP propose: electronic] rights management information has been removed or altered without authority [VN oppose: ,] [VN: .]

[VN oppose: shall be liable and subject to the remedies set out in Article [QQ.H.4(15) 169 ]. 170 Each Party [CA/MX/JP propose: may] [CA/MX oppose: shall] provide for criminal procedures and penalties to be applied when any person, other than a nonprofit library, archive, [CA propose: museum,] [MY: or] educational institution [MY/CA oppose: , or [CL oppose: public noncommercial] broadcasting entity] [CA propose: any other nonprofit entity as determined by a Party's law.] [CL: established without a profit-making purpose], is found to have engaged [CA oppose: willfully and for purposes of commercial advantage or private financial gain] [CA propose: knowingly and for commercial purposes] in any of the foregoing activities. [MY/CA propose: Each Party may provide that these criminal procedures and penalties do not apply to any other nonprofit entity as determined by a Party's law.] [AU/SG/PE/CL/MY/NZ/BN/CA/MX/JP oppose: Such criminal procedures and penalties shall include the application to such activities of the remedies and authorities listed in subparagraphs (a), (b) and (f) of Article [15.5] as applicable to infringements, mutatis mutandis.]]

[SG/NZ/CL/MY/BN/VN/CA/JP oppose: (b) each Party shall confine exceptions and limitations to measures implementing subparagraph (a) to lawfully authorized activities carried out by [MX propose: the] government [MX oppose: employees, agents, or contractors] for the purpose of law enforcement, intelligence, essential security, or similar governmental purposes.]

(c) Rights management information means:

  1. [AU/MY/CA/JP propose: electronic] information that identifies a work, [NZ/MY oppose: performance,] or phonogram, the author of the work, [NZ/MY oppose: the performer of the performance,] or the producer of the phonogram; or the owner of any right in the work, [NZ/MY oppose: performance,] or phonogram;

  2. [AU/MY/CA/JP: electronic] information about the terms and conditions of the use of the work, [NZ/MY oppose:performance,] or phonogram ; or

  3. any [AU/MY/CA/JP: electronic] numbers or codes that represent such information,

when any of these items [CA propose: of information] is attached to a copy of the work, [NZ/MY oppose: performance,] or phonogram or appears in connection with the communication or making available of a work, [NZ/MY oppose: performance] or phonogram, to the public.

(d) For greater certainty, nothing in this paragraph shall obligate a Party to require the owner of any right in the work, performance, or phonogram to attach rights management information to copies of the work, performance, or phonogram, or to cause rights management information to appear in connection with a communication of the work, performance, or phonogram to the public.

Article QQ.G.14: {Related Rights}

1. Each Party shall accord the rights provided for in this Chapter with respect to [NZ/BN/MY oppose: performers and] producers of phonograms to the [NZ/BN/MY oppose: performers and] producers of phonograms who are nationals171 of another Party and to [NZ/BN/MY oppose: performances or] phonograms first published or first fixed in the territory of another Party172. A [NZ/BN/MY oppose: performance or] phonogram shall be considered first published in the territory of a Party in which it is published within 30 days of its original publication.[173][174]

2. Each Party shall provide to performers the right to authorize or prohibit:

  1. broadcasting and communication to the public of their unfixed performances, except where the performance is already a broadcast performance; and

  2. fixation of their unfixed performances.

3. [US/AU/PE/NZ/MY/BN/VN/CL/MX/SG propose ; CA oppose:

(a) Each Party shall provide to [NZ oppose: performers and] producers of phonograms the right to authorize or prohibit [BN oppose: the broadcasting or] any communication to the public of their [NZ oppose: performances or] phonograms, by wire or wireless means, including the making available to the public of those [NZ oppose: performances and] phonograms in such a way that members of the public may access them from a place and at a time individually chosen by them.]

[US/CL/PE/MX/SG/MY/NZ/AU/VN/BN propose: (b) Notwithstanding subparagraph (a) and Article [QQ.G.16.1] [exceptions and limitations - 3 step test], the application of this right to analog transmissions and [SG/VN/BN oppose: non-interactive], free over-the-air [CL/PE/MX oppose: analog and digital] broadcasts, and exceptions or limitations to this right for such activity, shall be a matter of each Party's law.]

[US/AU/SG/CL/PE/VN/MY propose: (c) Each Party may adopt limitations to this right in respect of other noninteractive transmissions in accordance with Article [QQ.G.16.1] [exceptions and limitations - 3 step test], provided that the limitations do not [CL/PE oppose: unreasonably] prejudice the right of the performer or producer of phonograms to obtain equitable remuneration].

[CA propose: Each Party shall provide to performers and producers of phonograms the rights to authorize or prohibit:

(c) the broadcasting or any communication to the public of their performances or phonograms; and

(d) the making available to the public, by wire or wireless means, of their performances and phonograms in such a way that members of the public may access them from a place and at a time individually chosen by them.

Where, upon the data of signature of this Agreement, the right in subparagraph (a) has not been implemented by a Party, the requirement may be satisfied by providing a right to a single equitable remuneration for the direct or indirect use of phonograms published175 for commercial purposes for broadcasting or for any communication to the public.176]

Article QQ.G.15:

For purposes of this [Article QQ.G.1 and Article QQ.G.3 - 18 ], the following definitions apply with respect to performers and producers of phonograms:

  1. broadcasting means the transmission by wireless means for public reception of sounds or of images and sounds or of the representations thereof; such transmission by satellite is also "broadcasting"; transmission of encrypted signals is "broadcasting" where the means for decrypting are provided to the public by the broadcasting organization or with its consent177;

  2. communication to the public of a performance or a phonogram means the transmission to the public by any medium, other than by broadcasting, of sounds of a performance or the sounds or the representations of sounds fixed in a phonogram. For the purposes of paragraph [3], "communication to the public" includes making the sounds or representations of sounds fixed in a phonogram audible to the public;

  1. fixation means the embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced, or communicated through a device;

  2. performers means actors, singers, musicians, dancers and other persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore;

  3. phonogram means the fixation of the sounds of a performance or of other sounds, or of a representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work;

  4. producer of a phonogram means the person who, or the legal entity which, takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds; and

  5. [CA propose:178]publication of a performance or a phonogram means the offering of copies of the performance or the phonogram to the public, with the consent of the rightholder, and provided that copies are offered to the public in reasonable quantity.

Article QQ.G.16 {Limitations and Exceptions}179

Article QQ.G.X

  1. With respect to Section G, each Party shall confine limitations or exceptions to exclusive rights to certain special cases that do not conflict with a normal exploitation of the work, performance, or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder.

  2. Article QQ.G.X.1 neither reduces nor extends the scope of applicability of the limitations and exceptions permitted by the TRIPS Agreement, Berne Convention [VN propose: Rome Convention,] the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty. 180


Article QQ.G.Y

Each Party shall endeavor to achieve an appropriate balance in its copyright and related rights system, inter alia by means of limitations or exceptions that are consistent with Article QQ.G.X, including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to, criticism, comment, news reporting, teaching, scholarship, research [CL/MY propose181: ,education, ] [CL propose: and persons with disabilities] [US/MY/SG/CA/PE/BN/MX/VN propose: , as well as facilitating access to published works for persons who are blind, visually impaired, or otherwise print disabled]182 183.

Article QQ.G.Z

[CL/NZ/MY propose184: It is consistent with this Agreement to provide exceptions and limitations for 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.]

Article QQ.G.17: {International Exhaustion of Rights}

[CL/NZ/SG/MY/BN/VN/PE/MX185 propose; AU/US oppose: The Parties are encouraged to establish international exhaustion of rights.]

[CA propose: Nothing in this Chapter shall affect the freedom of the Parties to determine whether and under what conditions the exhaustion of copyright and related rights applies.]

Article QQ.G.18: {Collective Management}

The Parties recognize the important role of collective management societies for copyright and related rights in collecting and distributing royalties186 based on practices that are fair, efficient, transparent and accountable, and which may include appropriate record keeping and reporting mechanisms.

{ENFORCEMENT}

{Section H: Enforcement}

Article QQ.H.1: {General Enforcement / General Obligations Relating to the Enforcement of Law [187] of Intellectual Property Rights}

1. Each Party shall ensure that enforcement procedures as specified in this section, are available under its law [CL/SG/CA/BN/PE/MX/VN propose: and its legal system] so as to permit effective action against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies which constitute a deterrent to future infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

2. Each Party shall ensure that its procedures concerning the enforcement of intellectual property rights shall be fair and equitable. These procedures shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays.

[CL/VN/PE/AU/MY/BN/NZ/SG/MX/CA propose: 3. This Section does not create any obligation:

(a) to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general, nor does it affect the capacity of each Party to enforce their law in general, or

(b) with respect to the distribution of resources as between the enforcement of intellectual property rights and the enforcement of law in general.]

[US/SG propose188; BN/VN/PE/MY/NZ/MX/CA oppose: 4. The Parties understand that the distribution of enforcement resources shall not excuse that Party from complying with this Section189.]

Article QQ.H.2: {Presumptions}

1. In civil, criminal, and if applicable, administrative proceedings involving copyright or related rights, each Party shall provide:

  1. for a presumption [US/CA propose: 190] that, in the absence of proof to the contrary, the person whose name is indicated in the usual manner [CL/VN/BN/AU/MX/CA/SG/PE/NZ propose: 191 ] as the author, performer, producer [CA oppose: , or publisher] of the work, performance, or phonogram [CA propose: , or as applicable, the publisher] is the designated right holder in such work, performance, or phonogram; and

  2. for a presumption that, in the absence of proof to the contrary, the copyright or related right subsists in such subject matter.

[US/BN/MY/NZ/SG/CA propose; 2 AU/PE/CL/VN/MX oppose192: In civil, [BN/MY oppose: administrative,] and criminal proceedings involving trademarks, each Party shall provide for a rebuttable presumption that a registered trademark is valid.

[BN/SG/MY oppose193: In civil or administrative patent enforcement proceedings, each Party shall provide for a rebuttable presumption that each claim in a patent substantively examined and granted by the competent authority satisfies the applicable criteria of patentability in the territory of the Party 194].]

Article QQ.H.3: {Enforcement Practices With Respect to Intellectual Property Rights}

1. Each Party shall provide that final judicial decisions and administrative rulings of general application pertaining to the enforcement of intellectual property rights shall [SG/BN/MY/CA propose: preferably] be in writing and [MY oppose: shall] [MY/CA propose: may] state [VN/SG/BN/MY/CA oppose: any relevant findings of fact and] the reasoning or the legal basis on which the decisions and rulings are based. Each Party shall also provide that such decisions and rulings shall be published [195] or, where publication is not practicable, otherwise made available to the public, in a national language in such a manner as to enable interested persons and Parties to become acquainted with them.

2. Each Party recognizes the importance of collecting and analyzing statistical data and other relevant information concerning intellectual property rights infringements as well as collecting information on best practices to prevent and combat infringements.

3. Each Party [US/AU/PE/NZ/CL/MX/CA/JP/SG/BN/VN propose: shall] [MY propose: may] publish or otherwise make available to the public information on its efforts to provide effective enforcement of intellectual property rights in its civil, administrative and criminal systems, such as statistical information that the Party may collect for such purposes.

Article QQ.H.4: {Civil Procedures and Remedies / Civil and Administrative Procedures and Remedies}

1. Each Party shall make available to right holders 196 civil judicial procedures concerning the enforcement of any intellectual property right 197 covered in this Chapter.

2 Each Party shall provide [198] that in civil judicial proceedings its judicial authorities have the authority at least to order the infringer to pay the right holder damages adequate to compensate for the injury the right holder has suffered [PE oppose: because of an infringement of that person's intellectual property right by an infringer who knowingly, or with reasonable grounds to know, engaged in infringing activity.] [SG/PE/AU/NZ/MY/CL/CA/MX/BN/VN oppose: 199]

2bis. At least in cases of copyright or related rights infringement and trademark counterfeiting, each Party shall provide that, in civil judicial proceedings, its judicial authorities have the authority to order the infringer to pay the right holder the infringer's profits that are attributable to the infringement.[200]

2ter. In determining the amount of damages under paragraph 2, its judicial authorities shall have the authority to consider, inter alia,any legitimate measure of value the right holder submits, which may include lost profits, the value of the infringed goods or services measured by the market price, or the suggested retail price.

[US/CA/BN/AU/JP/MX/NZ/PE/VN propose: 3.201 Each Party shall provide that its judicial authorities have the authority to order injunctive relief that conforms to the provisions of Article 44 of the TRIPS Agreement, inter alia, to prevent goods that involve the infringement of an intellectual property right from entering into the channels of commerce [VN propose: in that Party's Jurisdiction].]202

[CL/PE/BN//VN propose;203 US/NZ oppose: 4. Each Party shall ensure that its judicial authorities shall have the authority to order a party at whose request measures were taken and who has abused enforcement procedures to provide the party wrongfully enjoined or restrained adequate compensation for the injury suffered because of such abuse.]204

Article QQ.H.4.X

(1) In civil judicial proceedings, with respect to infringement of copyright or related rights protecting works, phonograms, and performances, each Party shall establish or maintain a system that provides for one or more of the following:

  1. pre-established damages, which shall be available upon the election of the right holder; or

  2. additional damages205.

(2)206 In civil judicial proceedings, with respect to trademark counterfeiting, each Party [US propose: shall] [NZ/MY/BN/JP propose: may] also establish or maintain a system that provides for one or more of the following:

  1. pre-established damages, which shall be available upon the election of the right holder; or

  2. additional damages.

(3) Pre-established damages shall be set out in an amount that would be sufficient to compensate the right holder for the harm caused by the infingement [VN oppose: , and with a view to deterring future infringements].

(4) In awarding additional damages, judicial authorities shall have the authority to award such additional damages as they consider appropriate, having regard to all relevant matters, including the [seriousness / extent / blatancy of the infringing conduct]207 and the need to deter similar infringements in the future.

ARTICLE QQ.H.4.Y

[US propose; SG/PE/VN/CA/CL/NZ/MY/BN/AU/MX/JP oppose: 6. In civil judicial proceedings concerning patent infringement, each Party shall provide that its judicial authorities shall have the authority to increase damages to an amount that is up to three times the amount of the injury found or assessed.208 ]

7. Each Party shall provide that its judicial authorities, [PE oppose: where appropriate,] [CA propose:209] [PE propose: except in exceptional circumstances] have the authority to order, at the conclusion of civil judicial proceedings concerning infringement of at least copyright or related rights, [CA/MX/US propose: patents and] [CA/MX/US oppose: or] trademarks, that the prevailing party be awarded payment by the losing party of court costs or fees and appropriate attorney's fees, or any other expenses as provided for under that Party's law.

9210. In civil judicial proceedings concerning copyright or related rights infringement and trademark counterfeiting, each Party shall provide that its judicial authorities shall have the authority [VN propose: , at the right holder's request,] to order [VN propose: as provisional measures] the seizure or other taking into custody of suspected infringing goods, materials and implements relevant to the infringement, and, at least for trademark counterfeiting, documentary evidence relevant to the infringement.

21110. Each Party shall provide that in civil judicial proceedings :

  1. At least with respect to pirated copyright goods and counterfeit trademark goods, each Party shall provide that, in civil judicial proceedings, at the right holder's request, its judicial authorities have the authority to order that such infringing goods be [VN propose: disposed of outside the channel of commerce or] destroyed, except in exceptional circumstances, without compensation of any sort.

  2. Each Party shall further provide that its judicial authorities have the authority to order that materials and implements that have been used in the manufacture or creation of such infringing goods, be, without undue delay and without compensation of any sort, destroyed or disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements.

  3. in regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional circumstances, to permit the release of goods into the channels of commerce.

11212. Without prejudice to its law governing privilege, the protection of confidentiality of information sources, or the processing of personal data, each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities have the authority, upon a justified request [VN: propose213] of the right holder, to order the infringer or, in the alternative, the alleged infringer, to provide to the right holder or to the judicial authorities, at least for the purpose of collecting evidence, relevant information as provided for in its applicable laws and regulations that the infringer or alleged infringer possesses or controls. Such information may include information regarding any person involved in any aspect of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of such goods or services and of their channels of distribution.

12. Each Party shall provide that in relation to a civil judicial proceeding concerning the enforcement of intellectual property rights, its judicial or other authorities have the authority to impose sanctions on a party, counsel, experts, or other persons subject to the court's jurisdiction, for violation of judicial orders concerning the protection of confidential information produced or exchanged in connection with such a proceeding. 214

13. To the extent that any civil remedy [VN propose; MX oppose:215 ]can be ordered as a result of administrative procedures on the merits of a case, each Party shall provide that such procedures conform to principles equivalent in substance to those set out in this Article (civil and administrative proceedings)

14. In the event that a Party's judicial or other authorities appoint technical or other experts in civil proceedings concerning the enforcement of intellectual property rights and require that the parties to the litigation bear the costs of such experts, that Party should seek to ensure that such costs are reasonable and related appropriately, inter alia, to the quantity and nature of work to be performedand do not unreasonably deter recourse to such proceedings.

[US/AU/SG propose; BN/VN/MX/JP oppose216: 15. In civil judicial proceedings concerning the acts described in Article 4.[9] (TPMs) and Article 4.[10] (RMI), each Party shall provide that its judicial authorities shall, at the least, have the authoriy to:

  1. impose provisional measures, including seizure or other taking into custody of devices and products suspected of being involved in the prohibited activity;

  2. [US/SG propose; NZ/AU/MY oppose: provide an opportunity for the right holder to elect between actual damages it suffered (plus any profits attributable to the prohibited activity not taken into account in computing those damages) or pre-established damages;] [AU/NZ/PE propose: order damages of the type available for the infringement of copyright]

  3. order [NZ propose: , where appropriate,] payment to the prevailing party at the conclusion of civil judicial proceedings of court costs and fees, and appropriate attorney's fees, by the party engaged in the prohibited conduct; and

  4. order the destruction of devices and products found to be involved in the prohibited activity.

[US/AU/SG/NZ/MY/CL/CA propose [US propose: No Party shall make damages available under this paragraph] [AU/SG/NZ/MY/CL/CA propose: A Party may provide that damages shall not be available] against a [MY oppose: nonprofit] library, archives, educational institution, [CA propose: museum, or any other nonprofit entity as determined by a Party's law] [CA oppose: or public noncommercial broadcasting entity] [MY oppose: that sustains the burden of proving that such entity was not aware and had no reason to believe that its acts constituted a prohibited activity]. ]]217

[NZ/CA/SG/CL/MY propose: 16. Each Party may adopt or maintain measures to discourage vexatious or unreasonable proceedings, including those involving pharmaceutical products that are subject to marketing, regulatory or sanitary approval.]

Article QQ.H.5: {Provisional Measures}

1. Each Party's authorities shall act on requests for relief inaudita altera parte expeditiously in accordance with the Party's judicial rules.

2. Each Party shall provide that its judicial authorities have the authority to require the applicant, with respect to provisional measures, to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant's right is being infringed or that such infringement is imminent, [VN//PE: and that any delay in the issuance of such measures is likely to cause irreparable harm to the right holders, or there is a demonstrable risk of evidence being destroyed,] and to order the applicant to provide a security or equivalent assurance set at a level sufficient to protect the defendant and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to such procedures.

Article QQ.H.6: {Special Requirements Related to Border Enforcement218 / Special Requirements related to Border Measures} [219]

1. Each Party shall provide that any right holder initiating procedures for its competent authorities to suspend release of suspected counterfeit [SG/BN/MY/VN/CA oppose: or confusingly similar] trademark goods, or pirated copyright goods220 into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the law{s} of the [CA/NZ/MX/US/PE/AU oppose: country of importation] [CA/NZ/MX/US/PE/AU221 propose: Party providing the procedures], there is prima facie an infringement of the right holder's intellectual property right and to supply sufficient information that may reasonably be expected to be within the right holder's knowledge to make the suspected goods 222reasonably recognizable by its competent authorities. The requirement to provide such information shall not unreasonably deter recourse to these procedures.

1bis. Each Party shall provide for applications to suspend the release of, or to detain, any suspect goods 223 [SG/VN oppose: under customs control 224 in its territory.][SG/VN propose: that are imported into the territory of the Party225] A Party may provide that, at the request of the right holder, an application to suspend the release of, or to detain, suspect goods may apply to selected points of entry [US/CA/JP/MX226 propose; CL/SG/VN oppose: and exit] under customs control.]227 228 [US/AU/CA/JP/NZ propose; MX /PE/CL/MY/SG/VN/BN oppose: Each Party shall provide that applications [NZ oppose: shall] remain in force [NZ propose: for the period requested by the right holder but not exceeding five years, or] for a period of not less than one year from the date of application, or the period that the good is protected by copyright or the relevant trademark registration is valid, whichever is shorter.[NZ propose: A Party may provide that its competent authorities have the authority to suspend or invalidate an application when there is due cause.]

2. Each Party shall provide that its competent authorities have the authority to require a right holder initiating procedures to suspend the release of suspected counterfeit [BN/SG/MY/VN/CA oppose: or confusingly similar] trademark goods, or pirated copyright goods, to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Each Party shall provide that such security or equivalent assurance shall not unreasonably deter recourse to these procedures. A Party may provide that such security may be in the form of a bond conditioned to hold the defendant harmless from any loss or damage resulting from any suspension of the release of goods in the event the competent authorities determine that the article is not an infringing good.


3. Without prejudice to a Party's laws pertaining to privacy or the confidentiality of information, where its competent authorities have detained or suspended the release of goods that are suspected of being counterfeit or pirated, a Party may provide that its competent authorities have the authority to inform the right holder [CA/VN propose: who has filed a request for assistance] [MY/CA/BN/PE/VN oppose: promptly] [MY/CA/PE
229 /BN/SG/VN propose: within a reasonable period] of the names and addresses of the consignor, exporter, consignee or importer, a description of the merchandise, quantity of the merchandise, and, if known, the country of origin of the merchandise.: Where a Party does not provide such authority to its competent authorities when suspect goods are detained or suspended from release, it shall provide [US/VN propose: , at least in cases of imported goods,] its competent authorities with the authority to provide the foregoing information to the right holder [SG/VN oppose: within 30 days230] [SG/VN propose: within a reasonable period] of the seizure or determination that the goods are counterfeit or pirated, whichever is earlier.

[US/PE/AU/SG/MY/CL/CA/BN/JP propose; NZ/VN/MX oppose: 4. Each Party shall provide that its competent authorities may initiate border measures ex officio231 with respect to [AU propose: merchandise that is] imported, [MY/CL/AU/PE/BN oppose: exported,] [CL/AU/PE propose; SG oppose: destined for export,] [AU/MY/SG/CA/BN/CL oppose: or in-transit merchandise,[PE oppose: 232 ]] [PE/SG/MY/CL/CA/BN oppose: or [AU oppose: merchandise] [US propose: entering into or exiting from] [US oppose: in] free trade zones], that is suspected of being counterfeit [SG/PE/MY/CA/BN oppose: or confusingly similar] trademark goods, or pirated copyright goods.]

5. Each Party shall adopt or maintain a procedure by which its competent authorities may determine, within a reasonable period oftime after the initiation of the procedures described under Article QQ.H.6(1)233 whether the suspect goods infringe an intellectual property right. Where a Party provides administrative procedures for the determination of an infringement, it [VN234 propose: may] [VN oppose: shall] also provide its authorities with the authority to impose administrative penalties, which may include monetary penalties or the seizure of the infringing goods, following a determination that the goods are infringing.

6. Each Party shall provide that its competent authorities have the authority to order the destruction [VN propose: , or disposal outside the channel of commerce,] of goods following a determination that the goods are infringing. In cases where such goods are not destroyed, each Party shall ensure that, except in exceptional circumstances, such goods are disposed of outside the channels of commerce in such a manner as to avoid any harm to the right holder. In regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit the release of the goods into the channels of commerce.

7. Where a Party establishes or assesses, in connection with the procedures described in this section [article], an application fee, storage fee, or destruction fee, such fee shall not be set at an amount that unreasonably deters recourse to these procedures

8. Each Party shall include in the application of this Article goods of a commercial nature sent in small consignments. A Party may exclude from the application of this Article small quantities of goods of a non-commercial nature contained in travellers' personal luggage.235

Article QQ.H.7: {Criminal Procedures and Remedies / Criminal Enforcement}

1. Each Party shall provide for criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or copyright or related rights piracy on a commercial scale.

2. [US/AU/SG/PE propose; CL/VN/MY/NZ/CA/BN/MX oppose: Willful copyright or related rights piracy on a commercial scale includes:

  1. significant willful copyright or related rights infringements that have no direct or indirect motivation of financial gain; and

  2. willful infringements for purposes of commercial advantage or [AU/SG/PE/JP oppose: private] financial gain.[AU/SG/PE/CA/JP oppose: 236]]

Each Party shall treat willful importation [SG/MX/BN/MY/VN oppose: or exportation] of counterfeit trademark goods [VN oppose: or pirated copyright goods] on a commercial scale as unlawful activities subject to criminal penalties.237

[US propose; AU/BN/MY/NZ/SG/CL/VN/PE/CA/MX/JP oppose: 3. Each Party shall also provide for criminal procedures and penalties to be applied, even absent willful trademark counterfeiting or copyright or related rights piracy, at least in cases of knowing trafficking in:

  1. labels or packaging, of any type or nature, to which a counterfeit trademark 238 has been applied, the use of which is likely to cause confusion, to cause mistake, or to deceive; and

  1. counterfeit or illicit labels239 affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany the following:

    1. a phonogram,

    2. a copy of a computer program or a literary work,

    3. a copy of a motion picture or other audiovisual work,

    4. documentation or packaging for such items; and

  2. counterfeit documentation or packaging for items of the type described in subparagraph (b).]

[NZ/AU/BN/MY/US/CA/SG/MX/JP propose; PE/CL/VN oppose: 4. Each Party shall provide for criminal procedures and penalties to be applied in cases of willful importation240 and domestic use, in the course of trade and on a commercial scale, of labels or packaging241:

  1. to which a mark has been applied without authorization which is identical to, or cannot be distinguished from, a trademark registered in its territory; and

  2. which are intended to be used in the course of trade on goods or in relation to services which are identical to goods or services for which such trademark is registered.]

[US propose; CA/JP oppose: Each Party shall further ensure that criminal penalties and procedures are applied in cases of knowing trafficking in illicit labels242 affixed, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany phonograms, copies of computer programs, literary works, motion pictures, or other audiovisual works.]

5. [AU/NZ/SG/MY/ CA/US propose; PE/VN/BN/MX/CL oppose: [US/CA propose: Each] [US/CA oppose: A] Party [SG/NZ/CL oppose: shall] [SG/NZ/CL/JP: may] provide criminal procedures and penalties [US/CA oppose: , in appropriate cases,] for the [US/CA propose: knowing and] unauthorized copying [MY: or recording] [US propose; CA/JP oppose: or transmittal] of [US/CA propose: a [JP propose: first-run] cinematographic work, or any part thereof,] [US/CA oppose: cinematographic works] from a performance in a [CA oppose: motion picture exhibition facility generally open to the public] [CA/JP propose: movie theater].]

6. With respect to the offenses for which this Article requires the Parties to provide for criminal procedures and penalties, Parties shall ensure that criminal liability for aiding and abetting is available under its law.

7. With respect to the offences described in Article QQ.H.7[1]-[4] above, each Party shall provide:

  1. penalties that include sentences of imprisonment as well as monetary fines sufficiently high to provide a deterrent to future acts of infringement, consistently with the level of penalties applied for crimes of a corresponding gravity; 243

  1. 244that its judicial authorities shall have the authority, when determining penalties, to account for the seriousness of the circumstances, which may include those that involve threats to, or effects on, health or safety;245

  2. that its judicial [VN propose: or other]authorities shall have the authority to order the seizure of suspected counterfeit trademark goods or pirated copyright goods, any related materials and implements used in the commission of the alleged offense, documentary evidence relevant to the alleged offense [MY oppose: , and assets 246 derived from, or obtained directly [VNoppose: or indirectly] through the alleged infringing activity].

    Where a Party requires the identification of items subject to seizure as a prerequisite for issuing any such judicial order, that Party shall not require the items to be described in greater detail than necessary to identify them for the purpose of seizure;

  3. that its judicial authorities shall have the authority to order the forfeiture, at least for serious offenses, of any assets derived from, or obtained directly [VN oppose: or indirectly] through the infringing activity;

  4. that its judicial authorities shall have the authority to order the forfeiture or destruction of:

    1. all counterfeit trademark goods or pirated copyright goods; and

    2. materials and implements [CA/VN/MX propose: predominantly][CA/VN/MX oppose: that have been] used in the creation of pirated copyright goods or counterfeit trademark goods; and

    [CL/PE/VN/BN/SG/AU/CA/MX/JP oppose: (iii) any other articles consisting of a counterfeit trademark].

In cases where counterfeit trademark goods and pirated copyright goods are not destroyed, the [MY oppose: judicial][MY/SG/CL/AU/PE/MX/VN/JP: competent247] authorities shall ensure that , except in exceptional circumstances, such goods shall be disposed of outside the channels of commerce in such a manner as to avoid causing any harm to the right holder. Each Party shall further provide that forfeiture or destruction under this subparagraph and subparagraph (c) 248 shall occur without compensation of any kind to the defendant;

[US/NZ propose; BN/SG/MY/CL/PE/AU/VN/CA/MX/JP oppose: (f)
that its judicial authorities have the authority to order the seizure or forfeiture of assets the value of which corresponds to that of the assets derived from, or obtained directly or indirectly through, the infringing activity];

  1. that its judicial or other competent authorites shall have the authority to release or, in the alternative, provide access to, goods, material, implements, and other evidence held by the authority to a right holder for civil249 infringement proceedings.

[US/NZ/PE/SG/BN/CL/AU/MY/CA/MX propose: VN/JP oppose: (h) that its competent authorities may act upon their own initiative to initiate a legal action without the need for a formal complaint by a private party or right holder].

Article QQ.H.8 {Trade Secrets}

1.250[CL propose: In the course of ensuring effective protection against unfair competition as provided in Article 10bis of the Paris Convention] Parties shall ensure that natural and legal persons have the legal means to prevent trade secrets lawfully in their control from being disclosed to, acquired by, or used by others (including state commercial enterprises) 251 without their consent in a manner contrary to honest commercial practices.[ 252 ] As used in this Chapter, trade secrets encompass, at a minimum, undisclosed information as provided for in Article 39.2 of the TRIPS Agreement.

[US/MX/CA/NZ/JP253 propose; SG/MY/PE/VN/CL/AU254/BN oppose: 2. Each Party shall provide for criminal procedures and penalties at least in cases in which a trade secret relating to a product in national or international commerce is misappropriated, or disclosed, willfully and without authority for purposes of commercial advantage or financial gain, and with the intent to injure the owner of such trade secret.]

Article QQ.H.9: {Protection of Encrypted Program-Carrying Satellite Signals/Protection of Encrypted Program-Carrying Satellite and Cable Signals}

  1. Each Party shall make it a [CL/MX propose: civil or,] [VN propose: administrative or] criminal offense to:

  1. manufacture, assemble, modify, import, export, sell, lease, or otherwise distribute a tangible or intangible device or system, knowing[CL 255] [CL/JP oppose: or having reason to know] that the device or [CL oppose: system is primarily of assistance] [CL propose: system's principal function is solely to assist] in decoding an encrypted program-carrying satellite [CL/VN/SG/PE/CA/MX oppose: or cable] signal without the authorization of the lawful distributor of such signal256; and

[US/AU/NZ/PE/MY/SG/MX/VN/CA/CL propose, BN/JP oppose: (b) [VN oppose: [CA propose: except in circumstances where the lawful distributor has not made the signal available to persons in the area where the decoding occurs,] willfully receive257 [CL oppose: and make use of,][258] or] willfully further distribute a program-carrying signal that originated as an encrypted satellite [PE/SG/MX/VN/CL/CA oppose: or cable] signal knowing that it has been decoded without the authorization of the lawful dstributor of the signal, [PE/SG/MX/VN/CL/CA oppose: or if the signal has been decoded with the authorization of the lawful distributor of the signal, willfully to further distribute the signal for purposes of commercial advantage knowing that the signal originated as an encrypted program-carrying signal and that such further distribution is without the authorization of the lawful signal distributor.] ]

[US/AU/PE/NZ/MX/CL259 propose260, MY/BN/VN/CA oppose: 2. Each Party shall provide for civil remedies, [CL/MX oppose: including compensatory damages,] for any person injured by any activity described in paragraph [1], including any person that holds an interest in the encrypted programming signal or its content.]

Article QQ.H.10: {Special Measures Relating to Enforcement in the Digital Environment}

[US/AU/CA/SG/NZ/PE propose, VN/ oppose:1. Each Party shall ensure that enforcement procedures, to the extent set forth in the civil and criminal enforcement sections of this Chapter, are available under its law so as to permit effective action against an act of trademark, copyright or related rights infringement which takes place in the digital environment, including expeditious remedies to prevent infringement and remedies which constitute a deterrent to further infringement.]261

Article QQ.H.11: {Government Use of Software / Government Use of Software and Other Materials Protected by Copyright or Related Rights}

Each Party262 shall adopt or maintain appropriate laws, regulations, policies, orders, government-issued guidelines, or administrative or executive decrees providing that its [US/AU/CA/MY/VN/MX propose: central 263 ] government agencies use only non-infringing264computer software [US/AU/CA/MX propose:; SG/CL/PE/NZ/MY/BN/VN oppose: and other materials protected by copyright or related rights] in a manner authorized by law and by the relevant license. These measures shall apply to the acquisition and [PE/CA oppose: management] [PE/CA propose: use] of such software [PE/CL/BN/SG/NZ/MY/VN oppose: and other materials] for government use.

Article QQ.H.12265:

[US propose: Notwithstanding Article QQ.G.16 [limitations and exceptions] and Article QQ.G.14.3(b) [over the air broadcasting reference], no Party may permit the retransmission of television signals (whether terrestrial, cable, or satellite) on the Internet without the authorization of the right holder or right holders of the content of the signal and, if any, of the signal.266]

{SECTION I: INTERNET SERVICE PROVIDERS}

Article QQ.I.1:267 {Internet Service Provider Liability}

[CL/BN/NZ/MY/VN/CA/SG/MX propose; AU/US oppose: 1.268 Each Party shall limit the liability of, or the availability of remedies against, internet service providers269 [when acting as intermediaries270], for infringement of copyright or related rights that take place on or through communication networks, in relation to the provision or use of their services.]

[CA propose: 2. Limitations referred to in the previous paragraph shall cover at least the following functions:

  1. mere conduit, which consist of the provision of the means to transmit information provided by a user, or the means of access to a communication network;

  2. hosting of information at the request of a user of the hosting services;

  3. caching carried out through an automated process, when the internet service provider:

    1. does not modify information other than for technical reasons;

    2. ensures that any directions related to the caching of information that are specified in a manner widely recognized and used by industry are complied with; and

    3. does not interfere with the use of technology that is lawful and widely recognized and used by the industry in order to obtain data on the use of information;

  4. providing an information location tool, by making reproductions of copyright material in an automated manner, and communicating the reproductions.]

[CA propose: 3. Qualification by an internet service provider for the limitations as to each function in the previous paragraph shall be considered separately from qualification for the limitations as to each other function. Eligibility for the limitations in the previous paragraph may not be conditioned on the internet service provider monitoring its service, or affirmatively seeking facts indicating infringing activity.]

[CL/BN/NZ/VN/MX propose; AU/US/SG/MY oppose: 2. 271 272 The framework in Paragraph 1 [CA oppose: will only apply if an internet service provider meets conditions, including] [CA/CL/VN propose; NZ/MX oppose: shall be accompanied in a Party's law by]:

(a) [CA/NZ/CL/VN/MX propose: procedures for notifications of claimed infringement and for] removing or disabling access to infringing material [CA/CL/MX oppose: upon notification from the right holder through a procedure established by each Party]; and]

[CA/NZ/CL/VN273 propose: (b) legal incentives for internet service providers to comply with these procedures, or remedies against internet service providers who fail to comply.]]

[CA propose: 4. Each Party shall provide legal incentives for internet service providers to comply, or remedies against internet service providers who fail to comply, with any procedures established in each party's law for:

(a) effective notifications of claimed infringement; or

(b) removing or disabling access to infringing material residing on its networks.]

[CA/CL/VN274] propose: [CA oppose: 3.] [CA propose: 5.] The framework in Paragraph 1 will not apply to the extent that an internet service provider provides a service primarily for the purpose of enabling acts of copyright or related right infringement.]

[CA propose: 6. This Article is without prejudice to the availability in a Party's law of other defences, limitations and exceptions to the infringement of copyright or related rights. This Article shall not affect the possibility of a court or administrative authority, in accordance wth Parties' legal systems, or requiring the internet service provider to terminate or prevent an infringement.]

[US/AU/SG/NZ/PE propose; BN/VN/CA/MX oppose: 1. [SG/MY oppose275: For the purpose of providing enforcement procedures that permit effective action against any act of copyright276 infringement covered by this Chapter, including expeditious remedies to prevent infringements and criminal and civil remedies] each Party shall provide, consistent with the framework set out in this Article:

  1. [MY/VN oppose: legal incentives for service providers to cooperate with copyright owners in deterring the unauthorized storage and transmission of copyrighted materials; and]

  2. limitations in its law [MY/NZ/SG propose: on the liability of, or on the remedies] [NZ/MY/VN oppose: regarding the scope of remedies 277 ] available against service providers for copyright infringements that they do not control, initiate or direct, and that take place through systems or networks controlled or operated by them or on their behalf, as set forth in this subparagraph (b).278[PE propose: 279]

    1. [MY/VN oppose: These limitations shall preclude monetary relief and provide reasonable restrictions on court-ordered relief to compel or restrain certain actions for the following functions, [NZ oppose: and shall be confined to those functions]][280]:

      1. transmitting, routing, or providing connections for material without modification of its content[CL propose:281], or the [MY oppose: intermediate and] transient storage of such material in the course thereof;

      2. caching carried out through an automatic process;

      3. storage, at the direction of a user, of material residing on a system or network controlled or operated by or for the service provider282; and

      4. referring or linking users to an online location by using information location tools, including hyperlinks and directories.

    2. These limitations shall apply only where the service provider does not initiate the transmission of the material, and does not select the material or its recipients (except to the extent that a function described in clause (i)(D) in itself entails some form of selection).

    3. Qualification by a service provider for the limitations as to each function in clauses (i)(A) through (D) shall be considered separately from qualification for the limitations as to each other function[CL oppose: , in accordance with the conditions for qualification set forth in clauses (iv) through (vii)]

    4. With respect to functions referred to in clause (i)(B), the limitations shall be conditioned on the service provider:

[CL/MY oppose: (A) permitting access to cached material in significant part only to users of its system or network who have met conditions [NZ propose: imposed by the originator of the material] on user access to that material;]

  1. 283complying with rules concerning the refreshing, reloading, or other updating of the cached material when specified by the [CL oppose: person making the material available online] [CL propose: supplier of the material] in accordance with a relevant industry standard data communications protocol for the system or network through which that person makes the material available that is generally accepted in the Party's territory;

  2. 284not interfering with technology used 285at the originating site consistent with industry standards generally accepted in the Party's territory to obtain information about the use of the material, and not modifying its content in transmission to subsequent users; and

  3. [MY oppose: expeditiously] removing or disabling access, on receipt of an effective notification of claimed infringement, to cached material that has been removed or access to which has been disabled at the originating site.

  1. With respect to functions referred to in clauses (i)(C) and (D), the limitations shall be conditioned on the service provider:

(A) not receiving a financial benefit directly attributable to the infringing activity, in circumstances where it has the right and ability to control such activity;

(B) [MY oppose: expeditiously] removing or disabling access to the material residing on its system or network on obtaining actual knowledge of the infringement or becoming aware of facts or circumstances from which the infringement was apparent, such as through effective notifications of claimed infringement in accordance with clause (ix); [NZ oppose: and

(C ) publicly designating a representative to receive such notifications.]

[MY/NZ oppose: (vi) Eligibility for the limitations in this subparagraph shall be conditioned on the service provider:

(A) adopting and reasonably implementing a policy that provides for termination in appropriate circumstances of the accounts of repeat infringers; and

(B) accommodating and not interfering with standard technical measures accepted in the Party's territory286 that protect and identify copyrighted material, that are developed through an open, voluntary process by a broad consensus of interested parties287, that are available on reasonable and nondiscriminatory terms, and that do not impose substantial costs on service providers or substantial burdens on their systems or networks.]

  1. Eligibility for the limitations in this subparagraph may not be conditioned on the service provider monitoring its service, or affirmatively seeking facts indicating infringing activity [NZ/MY oppose: , except to the extent consistent with such technical measures.]

[NZ oppose: (viii) If the service provider qualifies for the limitations with respect to the function referred to in clause (i)(A), court-ordered relief to compel or restrain certain actions shall be limited to terminating specified accounts, or to taking reasonable steps to block access to a specific, non-domestic online location.[MY oppose: If the service provider qualifies for the limitations with respect to any other function in clause (i), court-ordered relief to compel or restrain certain actions shall be limited to removing or disabling access to the infringing material, terminating specified accounts, and other remedies that a court may find necessary, provided that such other remedies are the least burdensome to the service provider [CL propose: and users or subscribers] among comparably effective forms of relief. Each Party shall provide that any such relief shall be issued with due regard for the relative burden to the service provider [CL propose: ,to users or subscribers] and harm to the copyright owner, the technical feasibility and effectiveness of the remedy and whether less burdensome, comparably effective enforcement methods are available. Except for orders ensuring the preservation of evidence, or other orders having no material adverse effect on the operation of the service provider's communications network, each Party shall provide that such relief shall be available only where the service provider has received notice of the court order proceedings referred to in this subparagraph and an opportunity to appear before the judicial authority.]]

[NZ oppose: (ix) For purposes of the notice and take down process for the functions referred to in clauses (i) [CL propose: (B)] (C) and (D), each Party shall establish appropriate procedures in its law or in regulations for effective notifications of claimed infringement, and effective counter-notifications by those whose material is removed or disabled through mistake or misidentification. Each Party shall also provide for monetary remedies against any person who makes a knowing material misrepresentation in a notification or counter-notification that causes injury to any interested party as a result of a service provider relying on the misrepresentation.]

[NZ oppose: (x) If the service provider removes or disables access to material in good faith based on claimed or apparent infringement, each Party shall provide that the service provider shall be exempted from liability for any resulting claims, provided that, in the case of material residing on its system or network, it takes reasonable steps promptly to notify the [CL oppose: person making the material available on its system or network] [CL propose: supplier of the material] that it has done so and, if such person makes an effective counter-notification and is subject to jurisdiction in an infringement suit, to restore the material online unless the person giving the original effective notification seeks judicial relief within a reasonable time.]

  1. Each Party shall establish an administrative or judicial procedure enabling copyright owners [NZ oppose: who have given effective notification of claimed infringement] to obtain expeditiously from a service provider information in its possession identifying the alleged infringer.

  1. For purposes of the function referred to in clause (i)(A), service provider means a provider of transmission, routing, or connections for digital online communications without modification of their content between or among points specified by the user of material of the user's choosing, [NZ oppose: and for purposes of the functions referred to in clauses (i)(B) through (D)service provider means a provider or operator of facilities for online services or network access288.]]

[US/AU/SG propose; CL/MY/NZ/VN/BN/CA/MX/PE oppose: Annex to Article QQ.I.1.3(b)(ix)

In meeting the obligations of Article QQ.I.1.3(b)(ix), each Party shall adopt or maintain requirements for: (a) effective written notice to service providers with respect to materials that are claimed to be infringing, and (b) effective written counter-notification by those whose material is removed or disabled and who claim that it was disabled through mistake or misidentification, as set forth in this letter. Effective written notice means notice that substantially complies with the elements listed in section (a) of this letter, and effective written counter-notification means counter-notification that substantially complies with the elements listed in section (b) of this letter.

(a) Effective Written Notice, by a Copyright289 Owner or Person Authorized to Act

on Behalf of an Owner of an Exclusive Right, to a Service Provider's Publicly Designated Representative290

In order for a notice to a service provider to comply with the relevant requirements set out in Article QQ.I.1.3(b)(ix), that notice must be a written communication, which may be provided electronically, that includes substantially the following:

  1. the identity, address, telephone number, and electronic mail address of the complaining party (or its authorized agent);

  1. information reasonably sufficient to enable the service provider to identify the copyrighted work(s)291 claimed to have been infringed;

3. information reasonably sufficient to permit the service provider to identify and locate the material residing on a system or network controlled or operated by it or for it that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed, or access to which is to be disabled;292

  1. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  1. a statement that the information in the notice is accurate;

  1. a statement with sufficient indicia of reliability [SG propose:293] (such as a statement under penalty of perjury or equivalent legal sanctions) that the complaining party is the [SG/AU oppose: holder] [SG/AU propose: owner] of an exclusive right that is allegedly infringed, or is authorized to act on the owner's behalf; and

  2. the signature of the person giving notice.294

(b) Effective Written Counter-Notification by a Subscriber295 Whose Material Was Removed or Disabled as a Result of Mistake or Misidentification of Material

In order for a counter-notification to a service provider to comply with the relevant requirements set out in Article QQ.I.1.3.(b)(ix), that counter-notification must be a written communication, which may be provided electronically, that includes substantially the following:

  1. the identity, address, [SG/AU propose: electronic mail address] and telephone number of the subscriber;

  2. the identity of the material that has been removed or to which access has been disabled;

  1. the location at which the material appeared before it was removed or access to it was disabled;

  1. a statement with sufficient indicia of reliability (such as a statement under penalty of perjury or equivalent legal sanctions) that the subscriber [SG/AU propose: is the supplier of the material and] has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;

  1. a statement that the subscriber agrees to be subject to orders of any court that has jurisdiction over the place where the subscriber's address is located, or, if that address is located outside the Party's territory, any other court with jurisdiction over any place in the Party's territory where the service provider may be found, and in which a copyright infringement suit could be brought with respect to the alleged infringement;

  1. a statement that the subscriber will accept service of process in any such suit; and

  1. the signature of the subscriber.296

]]

[CL propose: Annex […]

List of Geographical Indications from Chile

WINES Name of Indication

Valle de Aconcagua

Alhué

Valle del Bío Bío

Buin

Valle del Cachapoalf

Valle de Casablanca

Cauquenes

Chillán

Chimbarongo

Valle del Choapa

Coelemu

Valle de Colchagua

Valle de Copiapó

Valle de Curicó

Region de Aconcagua

Region de Atacama

Region de Coquimbo

Valle del Claro

Region del Sur

Region del Valle Central

Valle del Elqui

Valle del Huasco

Illapel

Isla de Maipo

Valle del Itata

Valle de Leyda

Valle de Limarí

Linares

Valle del Loncomilla

Valle del Lontué

Lolol

Valle del Maipo

Maria Pinto

Valle del Marga-Marga

Valle del Maule

Marchigue

Valle del Malleco

Melipilla

Molina

Monte Patria

Mulchén

Nancagua

Ovalle

Paiguano

Pajarete

Palmilla

Panquehue

Parral

Pencahue

Peralillo

Peumo

Pirque

Portezuelo

Puente Alto

Punitaqui

Quillón

Rancagua

Valle del Rapel

Rauco

Rengo

Requínoa

Río Hurtado

Romeral

Sagrada Familia

Valle de San Antonio

San Juan

Salamanca

San Clemente

San Fernando

San Javier

San Rafael

Santa Cruz

Santiago

Talagante

Talca

Valle del Teno

Valle delTutuvén

Traiguén

Vicuña

Villa Alegre

Vino Asoleado

Yumbel

SPIRITS Name of Indication Country

Pisco Chile

AGRICULTURAL Name of Indication Country

Limón de Pica Chile]

1Section and Article titles and headings appear in this text on a without prejudice basis. Parties have agreed to defer consideration of the need for, and drafting of, Section and Article titles and headings. Such titles or headings that appear in braces (i.e., "{ }") are included for general reference and information purposes only.

2Negotiators' Note: NZ/SG supports a definition for Intellectual Property which mirrors TRIPS Article 1.2 subject to confirmation of treatment of plant varieties rights.

3[AU/PE: For the purpose of this Chapter "intellectual property" also includes rights in plant varieties.]

4Negotiators' Note: AU supports including objectives but is still considering the drafting and scope of this article.

5Negotiators' Note: CA supports this provision in principle, but is reviewing the proposal.

6Negotiators' Note: MX will reflect further on the additional subparagraphs (g) and (h).

7Negotiators' Note: JP is reflecting further on this paragraph.

8Negotiators' Note: AU is still considering the drafting and scope of this paragraph.

9Negotiators' Note: AU is considering the drafting of the language.

10Negotiators' Note: Parties to discuss paragraphs 1, 2 and 3 with legal group to consider possible redundancy with General Provisions and receive advice on resolution.

11Negotiators' Note: Delegations are considering the relationship between this proposal and the general non-derogation provision in Article [ ]. Proponent delegations other than VN are prepared to consider addition of the opening clause shown in brackets if it aids in forming a consensus.

12Negotiators' Note: MX is flexible if the obligation is on a best endeavor basis.

13Negotiators' Note: SG has no substantive objection to this paragraph and will follow consensus.

14Negotiators' Note: MY/BN do not object in principle subject to further domestic internal consultations or procedures and greater clarity regarding views of other Parties. SG/CL has no substantive objection to this paragraph and will follow consensus. VN are continuing domestic procedures for consideration of the Protocol.

15Negotiators' Note: AU considering drafting of this provision.

16Negotiators' Note: JP reserves its position pending the outcome of Article QQ.A.1.

17[US/AU/SG/PE: For purposes of Articles [QQ.A.7.1-2___(NT & Judicial/Admin Procedures)_QQ.D.2.a__(GIs/Nationals), and (QQ.G.14.1 Performers/Phonograms/Related Rights,] a national of a Party shall [US propose: include] [US oppose: also mean], in respect of the relevant right, an entity of that Party that would meet the criteria for eligibility for protection provided for in the agreements listed in [Article QQ.A.6.4] and the TRIPS Agreement.]

18[US/AU/SG/PE/MY/VN/BN/NZ/MX/CLpropose: For purposes of paragraphs 1 and 2 "protection" shall include matters affecting the availability, acquisition, scope, maintenance, and enforcement of intellectual property rights as well as matters affecting the use of intellectual property rights specifically covered by this Chapter. Further, for purposes of paragraph 1[and 2], "protection" also includes the prohibition on circumvention of effective technological measures set out in Article QQ.G.10 and the rights and obligations concerning rights management information set out in Article QQ.G.13]
Negotiators' Note: [CL/SG/PE/MY/VN/BN/NZ/MX: reserves its position with regards to the second sentence, depending on the outcome of the technological protection measure/rights management information][Parties to determine whether this footnote shall refer to paragraph 1, or paragraphs 1 and 2.]

19Negotiators' Note: SG/CL is flexible on either approach to National Treatment.

20Negotiators' Note: NZ notes its proposed text may not be necessary depending on outcome of following two paragraphs. CA supports in principle and is considering further the drafting of this provision.

21Negotiators' Note: AU can be flexible on either approach to National Treatment.

22Negotiators' Note: MY/SG/PE support in principle. CP/JP is considering further.

23Negotiators' Note: MX is considering its position in relation to the whole paragraph.

24Negotiators' Note: CA can support consensus on the first sentence.

25Negotiators' Note: AU/NZ/CL/SG/BN/MY/JP is reviewing this provision in light of discussion in Legal and Institution Group. CA understands that a similar provision has already been agreed upon in the Transparency chapter.

26[SG/MY: Negotiators Note: Subject to the acceptance of provision concerning the disclosure of confidential information that will impede law enforcement.]

27[US: A Party may satisfy requirement for publication by making the law, regulation, or procedure available to the public on the Internet.]

28Text from Legal and Institution Group inserted for comparison purposes: Each Party shall ensure that its laws, regulations, procedures, and administrative rulings of general application with respect to any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and Parties to become acquainted with them.

29Negotiators' Note: CA supports in principle pending clarification of what is meant by "open to public inspection" in sub-paragraph (b).

30Negotiators note: AU/MY/CA/JP/MX: support inclusion of a provision regarding disclosure of confidential information but would prefer to see such a provision located in a chapter dealing with general provisions and exceptions.

31Text from LII Group inserted for comparison purposes: [LII Group: Article CCC.6: Disclosure of Information. Nothing in this Agreement shall be construed as requiring a Party to furnish or allow access to confidential information the disclosure of which would impede law enforcement, otherwise be contrary to the public interest, or prejudice the legitimate commercial interests of particular enterprises, public or private. FN: AU/NZ/MY: For the purposes of this paragraph, the public interest includes, for example, compliance with legislative or constitutional provisions regarding privacy.]

32Negotiators' Note: AU/NZ/CL/SG/PE/MY/BN/VN/JP/MX/CA/US reserve positions pending final outcome of Chapter. All Parties agree to revisit this provision at the conclusion of this chapter.

33Negotiators' Note: JP will follow consensus on this paragraph.

34Negotiators' Note: CA is reflecting on the notion of the meaning of relevant authorities.

35Negotiators' Note: US consulting experts on wording of provision.

36Negotiators' Note: US and JP can go along with the consensus.

37Negotiators' Note: MY supports this article subject to further domestic implementation.

38[JP propose: For clarity a Party may require that a sign has acquired distinctiveness through use, where the sign consists only of names of place.]

39For purposes of this Chapter, geographical indication means indications that identify a good as originating in the territory of a party, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. Consistent with this definition, any sign or combination of signs shall be eligible for protection under one or more of the legal means for protecting GIs, or a combination of such means.

40Negotiators' Note: CA/MY is flexible on this proposal.

41Negotiators' Notes: PE/MX/SG will go with consensus on this paragraph.

42[PE/US propose: For greater certainty, the existence of such measures does not per se, amount to impairment.]

43Negotiators' Note: MX is still reflecting on this provision. JP is considering this provision.

44[SG propose: this provision is not intended to affect the use of common names of pharmaceutical products in prescribing medicine.]

45Negotiators' Note: JP is considering this provision.

46Negotiators' Note: JP is considering this provision.

47Negotiators' Note: MX will go with consensus with this paragraph.

48[US/CA/CL/MX/SG/NZ/VN/BN/AU/MY propose: Where a Party determines whether a mark is well-known in the Party, the Party need not require that the reputation of the trademark extend beyond the sector of the public that normally deals with the relevant goods or services.]

49Negotiators' Note: MY support subject to domestic implementation.

50Negotiators' Note: Parties reviewing the scope of this paragraph intersessionally.

51Negotiators' Note: CA is flexible on this language, subject to its final attribution of this paragraph.

52Negotiators' Note: JP is considering this provision.

53For greater certainty, cancellation for purposes of this Section may be implemented through nullity or revocation proceedings.

54Parties that rely on translations of the Nice Classification are required to follow updated versions of the Nice Classification to the extent that official translations have been issued and published.

55Negotiators' Note: AU supports this article ad referendum.

56Negotiators' Note: AU supports this paragraph ad referendum.

57Negotiators' Note: Brunei can accept this provision pending completion of its database.

58Negotiators' Note: US seeks further clarification on the scope of application of privacy data.

59Negotiators' Note: AU/CL/MY/NZ/US/SG/JP support contingent on understanding that TPP will include a general provision related to privacy/disclosure of information; issues.

60Negotiators' Note: JP seeks clarification as to whether "registration" is deemed to be synonymous with "acquiring the right to use" and reserves its position pending clarification of the term "trafficking".

61Negotiators' Note: [JP is still considering this issue depending on the outcome of discussions on Article QQ.C.2][AU/NZ: will go with consensus.]

62Subparagraph (a) shall also apply to judicial procedures that protect or recognize a geographical indication.

63Negotiators' Note: Parties are considering the different terms used in this provision along with similar issues that have cropped up in C6 and D3.

64Negotiators' Note: JP is considering this language.

65Negotiators' Note: JP is considering this provision depending on the meaning of this Article.

66Negotiators' Note: subject to legal clarification on consistency of the term cancellation etc.

67Negotiators' Note: JP is considering this provision including Note to (i) and (ii).

68[US/NZ/BN propose; CL/PE/SG/MX/MY oppose: For greater certainty, the Parties acknowledge that a geographical indication that is likely to cause confusion with a pre-existing trademark or with another geographical indication should be refused protection, even if that geographical indication is a translation or modification of a geographical indication that the Party already protects.] [US alternative propose; PE/MX/ SG/MY/CL oppose: For greater certainty, the Parties acknowledge that, where a translation or a modification of a geographical indication is likely to cause confusion with a pre-existing trademark or geographical indication, it should be refused protection.]

69[US/AU propose: For greater certainty, the Parties acknowledge that the prior trademarks referred to in Article QQ.D.3 include well-known trademarks.]

70Negotiators' Note: JP is considering this provision.

71[US: For greater certainty, nothing in this Agreement shall prohibit a Party from barring third parties from using or registering translations of geographical indications if: (1) such uses give rise to a likelihood of confusion[JP oppose: , and (2) the geographical indications became protected through means other than an agreement between a Party and a government or governmental entity].] Negotiators' Note: JP proposes to move this footnote before subparagraph (a), so that it covers subparagraph (b) as well.

72Negotiators' Note: JP is considering this provision.

73Negotiators' Note: JP is considering this provision.

74[NZ propose: for greater certainty the filing date reference in Article QQ.D.6 includes the priority filing date under the Paris Convention, where applicable.]

75Negotiators' Note: CA to consider; BN can go along with consensus: VN/BN maintains opposition to reference to agreement with another government, etc.

76Negotiators' Note: JP is considering this provision.

77Negotiators' Note: CA reserves its right to revisit this article once the Geographical Indication provisions have been agreed upon. MY/SG still considering this provision.

78Negotiators' Note: JP is considering this provision.

79Negotiators' Note: CA is reflecting on both proposals. JP is considering this provision.

80Negotiators' Note: MY/PE supports SG proposal in principle but is reflecting on language.

81Negotiators' Note: JP is considering this provision.

82Negotiators' Note: VN supports subject to this list of GIs in the Annex.

83[CL/BN/SG propose: For greater certainty, the Parties acknowledge that geographical indications will be recognized and protected in the Parties only to the extent permitted by and according to the terms and conditions set out in their respective domestic laws.]

84Negotiators' Note: CA is continuing to reflect on this provision but notes concerns regarding scope and operation. JP is considering this provision.

85Negotiators' Note: US supports the principle reflected in this Article, but has concerns about limiting the Article just to names of countries.

86Negotiators' Note: AU/ NZ/ SG/ BN reflecting on reformulated proposal. JP is considering this provision.

87For purposes of this [Section] Article, a Party may deem the terms "inventive step" and "capable of industrial application" to be synonymous with the terms "non-obvious" and "useful", respectively. In determinations regarding inventive step (or non-obviousness), each Party shall consider whether the claimed invention would have been obvious to a person skilled or having ordinary skill in the art having regard to the prior art.

88Negotiators' Note: JP is considering this provision.

89Negotiator's Note: NZ/VN accept ad referendum pending confirmation on scope of publication and duration of grace period.

90[CA/SG/JP propose: A Party shall not be required to disregard information contained in [gazettes related to intellectual properties or] patent applications made available to the public by a patent office unless erroneously published or unless the application was filed without the consent of the inventor or their successor in title by a third party who obtained the information directly or indirectly from the inventor.]

91For greater certainty, a Party may limit application of this provision to disclosures made by or obtained directly or indirectly from the inventor or joint inventor. [PE/US/MY/SG/AU propose: For greater certainty, a Party may provide that, for purposes of this article information obtained directly or indirectly from the patent applicant may be information contained in the public disclosure that was authorized by, or derived from, the patent applicant.]

92Negotiators' Note: Parties will continue to work to resolve the drafting of footnotes 61 & 62 (2nd sentence) intersessionally.

93Negotiator's Note: PE and SG are flexible with both options.

94US withdraw Article QQ.E.4 ad referendum pending confirmation from capital.

95Negotiator's note: CA reserves its position on Articles QQ.E.6,QQ.E.11 and QQ.E.12 pending clarification of the definition of publish/published.

96Negotiators' Note: JP is considering this provision.

97[US: A Party may limit application of this provision to patent applications in which there is at least one claim to new subject matter filed after the entry into force of this Agreement.] Negotiators' Note: JP is considering this provision.

98Each Party may provide that such amendments do not go beyond the scope of the disclosure of the invention as of the filing date.

99Negotiators' Note: JP is considering this provision.

100Negotiator's Note: MX/SG are willing to accept the article provided that the sentence "without undue experimentation" is deleted.

101Negotiators' Note: JP is considering this provision.

102Negotiators' Note: JP is considering this provision.

103Negotiator's note: SG/BN/US/MY is not fundamentally opposed, but considering how their concerns over exceptions will be addressed. US support for this provision is contingent upon resolution of exceptions under U.S. law. JP is considering the issue of exceptions.

104Negotiator's Note: AU is considering the issue of "in the possession of the competent authority".

105Negotiator's Note CA: Publish includes making available for public inspection.

106Negotiator's Note: AU is still considering whether this would include personal information.

107Negotiator's Note: CA/MX/AU is still considering the options in this provision.

108[MX propose: For greater clarity, the duration of the regulatory review exception will be subject to each Party's national legislation.]

109Negotiators' Note: JP is considering this provision.

110Negotiators' Note: JP is considering this provision.

111[US: For greater certainty, new pharmaceutical product in subparagraphs 6 (c)-(e) means a product that at least contains a new chemical entity that has not been previously approved as a pharmaceutical product [JP propose: for human use] in the territory of the Party.]

112[US: Negotiator's Note: For purposes of paragraph 6(e) of Article 8 and paragraphs 4 and 6 of Article 9, the length of the [X]-year period should: enhance certainty regarding access to innovative and generic pharmaceutical products for all; provide incentives for innovation; provide incentives for the diffusion of pharmaceutical products within the TPP region; respect commercial considerations; and account for special challenges in developing and commercializing such products throughout the region (e.g., challenges faced by smaller or less experienced applicants, or the time that an applicant may need to assess additional safety or efficacy implications of marketing a product, such as to assess such implications in jurisdictions where risks may differ from those faced in markets where the product has previously been approved).]

113Negotiators' Note: CA reserves its position and seeks to develop its understanding of these provisions further to the discussion in Singapore. JP is still considering its position on Article QQ.E.16. to E.22.

114For greater certainty, the Parties recognize that this paragraph does not imply that the marketing approval authority should make patent validity or infringement determinations.

115[Negotiator's Note: As used in Article 9.5(b)(i), "adjudicate" does not mean final adjudication.]

116A Party may comply with paragraph 5(d) by providing a period of marketing exclusivity in appropriate circumstances to the first such other person or persons to challenge a patent.

117For greater certainty, the Parties understand that the term "pharmaceutical product" as used in this Chapter includes biologic products.

118Negotiators' Note: AU/CA/MY/CL/BN can support the inclusion of provisions on agriculture chemical but still considering the scope and drafting of the protection. CA is also considering the duration of the protection.

119Negotiator's Note: MX: Placeholder for definition for "considerable efforts".

120Negotiators' Note: JP is considering this provision.

121Negotiators' Note: JP is considering this provision.

122Negotiators' Note: CA/US position is that QQ.E.23 provisions should be addressed in the Environment Chapter. The US/JP opposes the inclusion of this proposal in this Chapter.

123[MX propose; CL oppose: For greater certainty "derivative" means a naturally occurring biochemical compound resulting from the genetic expression or metabolism of biological or genetic resources, without human manipulation, even if does not contain functional units of heredity.]

124Negotiator's Note: MX is still reflecting the coverage of related rights in this chapter.

125The Parties reaffirm that it is a matter for each Party's law to prescribe that works in general or any specified categories of works, performances and phonograms shall not be protected by copyright or related rights unless they have been fixed in some material form.

126References to "authors, performers, and producers of phonograms" refer also to any successors in interest.

127With respect to copyrights and related rights in this Chapter, the "right to authorize or prohibit" and the "right to authorize" refer to exclusive rights.

128[US/AU/PE/CA/CL/MX/SG/MY/NZ/VN propose: With respect to [PE/CL/MX oppose: copyright and] related rights in this Chapter, a "performance" means a performance fixed in a phonogram unless otherwise specified.]

129[VN/BN/CA propose: The reproduction right, as set out in Article 9 of the Berne Convention [CA propose: and articles 7 and 11 of the WPPT], and the exceptions permitted thereunder, fully apply in the digital environment, in particular to the use of works [CA propose: , performances and phonograms] in digital form. It is understood that the storage of a protected work [CA propose: , performance or phonogram] in digital form in an electronic medium constitutes a reproduction within the meaning of [CA propose: the articles referenced in this footnote] [CA oppose: Article 9 of the Berne Convention].]

130[CL/NZ/MY/BN/JP propose: It is consistent with this Agreement to provide exceptions and limitations for 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.] [Negotiators Note: Discussions indicated no substantive objection to the concept, however, Parties continue to consider whether the footnote is required, where it might best be placed, and how it should be drafted.]

131[CA/JP propose: It is a matter for each Party's law to determine when a given act constitutes a temporary reproduction for the purposes of copyright and related rights.]

132It is understood that the mere provision of physical facilities for enabling or making a communication does not in itself amount to communication within the meaning of this Chapter or the Berne Convention. It is further understood that nothing in this Article precludes a Party from applying Article 11bis(2) of the Berne Convention.

133[NZ propose: For the purpose of this paragraph importation may exclude importation for private or domestic use.]

134[PE/NZ propose: The expressions "copies" in this paragraph refers exclusively to fixed copies that can be put into circulation as tangible copies]. [Negotiators' Note: US can support the concept subject to final drafting.] [JP propose: A Party may comply with its obligations under this paragraph by legislating in the Party's law that such importation, for the purpose of distribution, is deemed to be infringement.] Negotiator's Note: With this footnote, Japan can withdraw its opposition in the first line of QQ.G.3.

135[US: With respect to copies of works and phonograms that have been placed on the market by the relevant right holder, the obligations described in Article [QQ.G.3] apply only to books, journals, sheet music, sound recordings, computer programs, and audio and visual works (i.e., categories of products in which the value of the copyrighted material represents substantially all of the value of the product). Notwithstanding the foregoing, each Party may provide the protection described in Article [QQ.G.3] to a broader range of goods.]

136[Negotiator's Note: The US is considering the relationship between this provision and other proposals regarding the exhaustion of IP rights, as well as other TPP countries' legal regimes.]

137The expressions "copies" and "original and copies" subject to the right of distribution in this paragraph refer exclusively to fixed copies that can be put into circulation as tangible objects [US/CA/SG oppose: , i.e., for this purpose, "copies" means physical copies.]

138[AU/VN/PE/NZ/BN/MY/SG/CA/CL/MX/JP propose: Nothing in this Agreement shall affect a Party's right to determine the conditions, if any, under which the exhaustion of this right applies after the first sale or other transfer of ownership of the original or a copy of their works, performances, or phonograms with the authorization of [CA/SG propose: the author, performer or producer] [CA/SG oppose: the right holder].] (Negotiator's Note: VN prefers this to be in the text as opposed to a footnote).

139[Negotiators' Note: AU/CA agree in principle but will reflect further on the language.]

140Negotiators' Note: AU supports this article ad referendum.

141For greater certainty, this provision does not affect the exercise of moral rights.

142Negotiators' Note: Article QQ.H.4.15 should be discussed after discussions on this issue.

143Negotiator's Note: MX supports this provision in principle.

144Negotiator's Note: CA supports this provision in principle pending outcome of discussions on exceptions.

145Negotiator's Note: CL is considering pending the outcome of the language of this proposal.

146Negotiator's Note: NZ reserves its position on article QQ.G.10 pending the outcome of exceptions and limitations on TPMs protection. JP is considering a possibility of producing its proposal on Technological Protection Measures.

147Negotiator's Note: CA reserves its position pending the clarification of the meaning of "rights".

148Negotiator's Note: CA pending clarification of criminal remedies.

149Negotiator's Note: CA reserves its position pending clarification of "traffics".

150Negotiator's Note: CA reserves its position pending clarification of the terms "promoted" and "advertised."

151Negotiator's Note: CA reserves its position pending clarification of "any".

152Negotiator's Note: CA seeks clarification as to whether article "12.12" is meant to refer to article QQ.H.4(15).

153Negotiator's Note: CA reserves its position pending outcome of discussion of provision QQ.H.4(15).

154Negotiator's Note: CA seeks clarification if nonprofit applies to all institutions.

155Negotiator's Note: CA seeks clarification of the intention of this sentence.

156Negotiator's Note: CA seeks clarification as to whether article "15.15" is meant to refer to article QQ.H.7(7). CA reserves position pending clarification of QQ.H.7(7).

157[US/AU: For purposes of greater certainty, no Party is required to impose liability under Articles [9 and 10] for actions taken by that Party or a third party acting with the authorization or consent of that Party.] [Negotiator's Note: CA seeks clarification of this footnote.]

158Negotiator's Note: CA is considering these limitations.

159[CL propose: For greater certainty, elements of a computer program are not readily available to a person seeking to engage in non-infringing reverse engineering when they cannot be obtained from literature on the subject, from the copyright holder, or from sources in the public domain.]

160[CL propose: Such activity occurring in the course of research and development is not excluded in this exception.]

161[CL propose: Such activity occurring in the course of research and development is not excluded from this exception.]

162Negotiator's Note: CA reserves its position.

163Negotiator's Note: CA needs to reflect further on this paragraph.

164Negotiator's Note: CA is considering paragraph (e) pending the outcome on discussions on limitations and exceptions.

165Negotiator's Note: CA is considering paragraph (f).

166Negotiators' Note: NZ/PE/CA/AU/MX/MY/BN/VN support in principle pending drafting consultations.

167Negotiator's note: SG/CA/MX is willing to consider a more flexible approach to TPM provisions.

168Negotiator's Note: MY/VN/CL does not object in principle but needs to reflect further on the language.

169Negotiator's Note: CL/MY/NZ/BN/JP positions pending outcome of this provision.

170Negotiator's Note: NZ/JP is considering the scope of obligations under this paragraph.

171Negotiator's Note: CA reserves its position pending the outcome of FN10 (Art. QQ.A.7).

172For greater certainty, in this paragraph with respect to performances or phonograms first published or first fixed in the territory of a Party, a Party may apply the criterion of publication, or alternatively, the criterion of fixation, or both.

173For purposes of this Article, fixation means the finalization of the master tape or its equivalent.

174[JP propose: A Party may comply with its obligations under this paragraph by legislating that performers and producers of phonograms are protected to the extent provided for in Article 3 of WPPT and/or Paragraph 3 of Article 1 of the TRIPS Agreement.

175The term "published" in this paragraph includes phonograms that are made available in accordance with Article 15(4) of the WPPT.

176Where a Party has availed itself of the option contained in Article 15(3) of the World Intellectual Property Organization Performances and Phonograms Treaty (WPPT), the obligation contained in [QQ.A.X - national treatment] does not apply to the extent that a Party makes use of a reservation taken under that Article.]"

177[US/SG propose ; CA/MX/CL/MY/VN/BN/CL oppose: For greater certainty, "broadcasting" does not include transmissions over computer networks or any transmissions where the time and place of reception may be individually chosen by members of the public.]

178Negotiator's Note; CA is considering the need for a deeming provision similar to article 15 (4) of WPPT.

179Negotiators' Note: CA supports a provision on limitations and exceptions and is reflecting further.

180Negotiators' Note: Delegations are considering the relationship between Article QQ.G.X.2 and new multilateral agreements concluded under the auspicies of WIPO and the agreements listed in Article QQ.G.X.2. Delegations will work to resolve this issue in Article QQ.A.6 (General Provisions - relationship to other agreements) or elsewhere.

181Negotiator's Note: SG/CA/PE/BN/NZ/AU is flexible on the inclusion of the word 'education' as the notion is already significantly covered by teaching, sholarship and research. US/MX believe the word 'education' is covered by teaching, scholarship and research, but is considering further.

182FN: For purposes of greater clarity, a use that has commercial aspects may in appropriate circumstances be considered to have a legitimate purpose under Article QQ.G.Y.

183Negotiator's Note: NZ/AU is flexible on either options referring to persons with disabilities.

184Negotiator's Note: Delegations are considering the appropriate placement of this issue under right of reproduction or L & E. There continue to be discussions regarding this issue and delegations have diverging views.

185Negotiators' Note: CA reserves its position pending the outcome of discussions elsewhere in this Chapter.

186For greater certainty, royalties may include equitable remuneration.

187[CL propose: For greater certainty, law may include enforcement procedures established under Parties legal systems.]

188Negotiators' Note: AU/CL can support if there is emerging consensus on this issue.

189Negotiators' Note: The reference to Section is intended to include enforcement-related provisions throughout the Chapter.

190[US/CA/MY propose: For greater certainty, a Party may implement this Article on the basis of sworn statements or documents having evidentiary value, such as statutory declarations. A Party may also provide that such presumptions are rebuttable presumptions that may be rebutted by evidence to the contrary.]

191Each Party may establish the means by which it shall determine what constitutes the "usual manner" for a particular physical support.

192Negotiators' Note: JP is considering this provision.

193Negotiators' Note: JP is considering this provision.

194Negotiators' Note: AU/MX/US/PE will consider options to address concerns intersessionally and will involve the wider group.

195[US: A Party may satisfy the requirement for publication by making the decision or ruling available to the public on the Internet.]

196For the purposes of this Article, the term "right holder" shall include those authorized licensees, federations and associations that have the legal standing and authority to assert such rights. The term "authorized licensee" shall include the exclusive licensee of any one or more of the exclusive intellectual property rights encompassed in a given intellectual property.

197Negotiators' Note: AU/US/JP would like to consider this proposal in tandem with the definition of intellectual property rights in this Chapter.

198[AU/NZ/MY/CA/JP/SG propose: A Party may also provide that the right holder may not be entitled to either of the remedies set out in 2 and 2bis in the case of a finding of non-use of a trademark] [JP/AU/SG/CA/MY propose: it is understood that there is no obligation for a Party to provide for the possibility of the remedies in 2 and 2bisto be ordered in parallel.]

199[US propose: In the case of patent infringement, damages adequate to compensate for the infringement shall not be less than a reasonable royalty.] [Negotiators' note: JP can go along with consensus.]

200[CA propose: A Party may exclude from the application of this Article cases of Copyright or related rights infringement where an infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity or where an infringer is a non-profit entity.][JP propose: A Party may presume those profits to be the amount of damages referred to in the preceding paragraph.]

201Negotiators' Note: AU supports this paragraph ad referendum.

202Negotiators' Note: CL/MY/SG will revert back intersessionally.

203Negotiators' Note: JP is considering this provision.

204Negotiators' Note: MY support the principle but are still considering the need for this proposal in the context of Article 48 of TRIPS. SG/MX/VN/AU/CA can go along with the consensus.

205For greater certainty, additional damages may include exemplary or punitive damages.

206Negotiator's Note: AU is still considering this paragaph.

207Negotiators' Note: Parties are considering the drafting choice of the word that represent the concept of seriousness.

208No Party shall be required to apply this paragraph to actions for infringement against a Party or a third party acting with the authorization or consent of a Party.

209[CA propose: For the purposes of this Article, where appropriate shall not be limited to exceptional cases.]

210Negotiators note: NZ share view of the article but would rather see it placed some other place; MX is considering this issue in light of Article QQ.H.4.13; JP proposes to move paragraph. 9 to Article QQ.H.5. Otherwise, JP will support VN proposal.

211Negotiator's Note: MX supports this in principle but needs to reflect on this pending discussions on paragraph QQ.H.4.13.

212Negotiator's Note: MX is still considering this proposal.

213VN propose: A request for an order under this paragraph may be considered as unjustified in case such order would be out of proportion to the seriousness of the infringement.

214Negotiators' Note: PE/MX are considering the need for this proposal.

215[For greater certainty, civil remedies do not include administrative measures, decisions or any other actions taken by administrative authorities.]

216Negotiators Note: PE/MY/NZ/CL/CA reserve their positions pending resolution of related provisions regarding TPM and RMI.

217Negotiator's Note: This will be discussed in relation to provisions regarding TPM and RMI.

218Negotiators Note: The scope of border measures in this section will be confined to counterfeit trademark goods, pirated copyright goods. The US proposal for inclusion of, confusingly similar trademark goods is still under negotiation and Parties have different views on this proposal.

219[CA propose: It is understood that there shall be no obligation to apply the procedures set forth in this Article to goods put on the market in another country by or with the consent of the right holder.]

220For purposes of Article 14:

(a) counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark that is identical to the trademark validly registered in respect of such goods, or that cannot be distinguished in its essential aspects from such a trademark, and that thereby infringes the rights of the owner of the trademark in quesiton under the law of the country of importation; and

(b) pirated copyright goods means any goods that are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and that are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country of importation.

221Negotiators' Note: AU supports this ad referendum.

222Negotiators' Note: Need to clean up terminology in H.6 relating to 'goods' and 'merchandise'.

223Negotiators' Note: MY/CA/SG/AU/VN/BN: suspect goods need to be defined and revert back.

224Negotiators' Note: CA/MY/AU: Customs controls need to be defined and revert back.

225[SG propose: the requirement to provide for such application is applicable to the obligation to provide procedures referred to in Article QQ.H.6.1.]

226Negotiators' Note: AU/PE can support consensus.

227Negotiators' Note: MY/SG/VN/BN are considering this first clause.

228Negotiators' Note: Parties are considering the need for a footnote to deal with the scope of this clause.

229Negotiators' Note: CA would need to include minor amendments on disclosure.

230For purposes of this Article, "days" shall mean "business days".

231For greater certainty, the parties understand that ex officio action does not require a formal complaint from a private party or right holder [MY/BN propose: , provided that they have acquired prima facie evidence that intellectual property rights are being infringed].

232For purposes of this Article, in-transit merchandise means goods under "Customs transit" and goods "transhipped," as defined in the International Convention on the Simplification and Harmonization of Customs Procedures (Kyoto Convention).

233Negotiators' Note: US to revisit after the decision on scope of application ex officio.

234Negotiators' Note: VN can accept "shall" option if the scope of Border control is confined to trademarks counterfeit and copyright pirated goods.

235For greater certainty, a Party may also exclude from the application of this Article small quantities of goods of a non-commercial nature sent in small consignments.

236[US propose; AU/SG/PE/CA/JP oppose: For greater certainty, "financial gain" for purposes of this Article includes the receipt or expectation of anything of value.]

237[US/CA propose; JP oppose: A Party may comply with this obligation in relation to [JP: importation and] exportation of pirated [JP: copyright] goods through its measures concerning distribution.] [JP alternatively propose: A Party may comply with its obligation relating to importation and exportation of counterfeit trademark goods or pirated copyright goods by providing for distribution, sale or offer for sale of such goods on a commercial scale as unlawful activities subject to criminal penalties.]

238US: Negotiator's Note: For greater certainty, the definition of "counterfeit trademark goods" in footnote [12] shall be used as context for this Article.

239US: For purposes of this Article, "illicit label" means a genuine certificate, licensing document, registration card, or similar labeling component:

(A) that is used by the copyright owner to verify that a phonogram, a copy of a computer program or literary work, a copy of a motion picture or other audiovisual work, or documentation or packaging for such phonogram or copies is not counterfeit or infringing of any copyright; and

(B) that is, without the authorization of the copyright owner-

(i) distributed or intended for distribution not in connection with the phonogram or copies to which such labeling component was intended to be affixed by the respective copyright owner;

or

(ii) in connection with a genuine certificate or licensing document, knowingly falsified in order to designate a higher number of licensed users or copies than authorized by the copyright owner, unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright owner's distribution channel and not for the purpose of verifying that a copy or phonogram is noninfringing.

240A Party may comply with its obligation relating to importation of labels or packaging through its measures concerning distribution.

241A Party may comply with its obligations under this paragraph by providing for criminal procedures and penalties to be applied to attempts to commit a trademark offence.

242US: For purposes of this Article, "illicit label" means a genuine certificate, licensing document, registration card, or similar labeling component:

(A) that is used by the copyright owner to verify that a phonogram, a copy of a computer program or literary work, a copy of a motion picture or other audiovisual work, or documentation or packaging for such phonogram or copies is not counterfeit or infringing of any copyright; and
(B) that is, without the authorization of the copyright owner-

(i) distributed or intended for distribution not in connection with the phonogram or copies to which such labeling component was intended to be affixed by the respective copyright owner;
or

(ii) in connection with a genuine certificate or licensing document, knowingly falsified in order to designate a higher number of licensed users or copies than authorized by the copyright owner, unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright owner's distribution channel and not for the purpose of verifying that a copy or phonogram is noninfringing.

243It is understood that there is no obligation for a Party to provide for the possibility of imprisonment and monetary fines to be imposed in parallel.

244Negotiator's Note: CL/PE/MX/CA is still considering pending consultation with capital.

245A Party may also account for such circumstances through a separate criminal offense.

246Negotiators' Note: CA/BN/VN are reflecting on the definition of "assets".

247Negotiators Note: The use of the term "competent/judicial" in this subparagraph will be revisited.

248Negotiators' Note: The cross reference to subparagraph (c) will be revisited during legal scrubbing.

249A Party may also provide such authority in connection with administrative infringement proceedings.

250Negotiators' Note: AU supports this paragraph ad referendum.

251Negotiators' Note: BN seeks further clarification on "state commercial enterprise".

252[US: For greater certainty, a Party may treat disclosure of a trade secret to that Party's authorities in connection with providing evidence of an alleged violation of that Party's law as not contrary to honest commercial practices.][AU propose: for the purposes of this paragraph "a manner contrary to honest commercial practices" shall mean at least practices such as breach of contract, breach of confidence and inducement to breach, and includes the acquisition of undisclosed information by third parties who knew, or were grossly negligent in failing to know, that such practices were involved in the acquisition.]

253Negotiators' Note: CA/MX/NZ/JP supports in principle subject to final drafting.

254Negotiators' Note: AU opposes this paragraph ad referendum.

255[CL propose: For purposes of paragraph 1, knowledge may be demonstrated through reasonable evidence, taking into account the facts and circumstances surrounding the alleged illegal act.]

256[CA/AU/SG propose: The obligation regarding export may be met by making it a criminal offence to possess and distribute such a device or system.]

257[CA propose: willfully receiving may mean operating a radio apparatus so as to receive an encrypted signal].

258[US propose; CL/AU oppose: For greater certainty, "make use of" includes viewing of the signal, whether private or commercial].

259Negotiators' Note: CL position will depend on the outcome of paragraph 1(a).

260Negotiators' Note: SG agrees in principle but will reflect further on the language.

261Negotiator's Note: MX/MY/CL/BN are still considering this provision.

262Negotiators' Note: CA confirming with government procurement people.

263Negotiators' Note: CA support for central depends on how it is defined throughout the agreement.

264Negotiators' Note: SG/CL/MY/BN/VN subject to consideration of parallel importation issues.

265Negotiators' Note: delegations are still considering this proposal, and are also reflecting on the placement of this proposal in the Chapter.

266[US: For purposes of this Article and for greater certainty, retransmission within a Party's territory over a closed, defined, subscriber network that is not accessible from outside the Party's territory does not constitute retransmission on the Internet.]

267Negotiators' Note: JP is still considering its positions on this Section.

268Negotiator's Note: PE is still considering its position on paragraphs 1, 2 and the new paragraph 3 presented by CA.

269Each Party may determine, within its domestic law, what constitutes an internet service provider.

270Negotiator's Note; NZ is still considering this phrase.

271Negotiators' Note: VN to consider this provision further.

272Negotiator's Note: BN is considering its reactions to the proposals presented by CA on paragraphs 2 and 3.

273Negotiator's Note: MX is considering its reactions to paragraph 2b and 3.

274Negotiator's Note: NZ is considering its reactions to paragraph 3.

275Negotiator's Note: NZ proposes to look at the placement of this paragraph vis a vis its placement elsewhere in the text.

276For purposes of this paragraph, "copyright" includes related rights. Negotiators' Note: The placement of the footnote will depend on the outcome of the chapeau of this paragraph.

277[NZ propose: For the avoidance of doubt, limitations regarding the scope of remedies available can be implemented through limitations on the liability of internet service providers.]

278This subparagraph is without prejudice to the availability of defenses to copyright infringement that are of general applicability.

279[PE propose: For greater clarity, the failure of an ISP to qualify for the limitations in subparagraph (b) does not itself result in liability.]

280[US/PE/SG/AU propose; CL/NZ/VN oppose: A Party may request consultations with the other Parties to consider how to address under this paragraph functions of a similar nature that a Party identifies after the entry into force of this Agreement.]

281[CL/MY/SG/NZ/AU/PE/US propose: Such modification does not include modifications made as part of a technical process.]

282[CL/MY/SG/NZ/AU/US propose: For greater certainty, such storage of material may include e-mails and their attachments stored in the provider's server and web pages residing on the provider's server.]

283Negotiator's Note: MY needs to reflect further on this provision.

284Negotiator's Note: MY will reflect further on this provision.

285CL/SG/NZ/AU/US/PE propose: A Party may require that such technology shall be used in a lawful manner.]

286[CL/SG/NZ/AU/PE/US propose: A Party may require that such standard technical measures shall be used in a lawful manner, and that such measures are subject to approval by relevant authorities.]

287[CL/SG/NZ/AU/PE/US propose: A Party may provide that interested parties include copyright owners, service providers or other interested parties, [CL/SG/NZ/AU/US propose: as may be approved by relevant authorities,] as applicable.]

288[CL/MY/SG/NZ/AU/US/PE propose: As used in subparagraph (xii), a Party may provide that network access includes cases in which network access is provided by another provider.]

289All references to copyright in this letter are understood to include related rights, and all references to works are understood to include the subject matter of related rights.

290The Parties understand that a representative is publicly designated to receive notification on behalf of a service provider if the representative's name, physical and electronic address, and telephone number are posted on a publicly accessible portion of the service provider's website, and also in a register accessible to the public through the Internet, or designated in another form or manner appropriate for [insert Party name].

291If multiple copyrighted works at, or linked to from, a single online site on a system or network controlled or operated by or for the service provider are covered by a single notification, a representative list of such works at, or linked to from, that site may be provided.

292In the case of notices regarding an information location tool pursuant to paragraph (b)(i)(D) of Article 16.3, the information provided must be reasonably sufficient to permit the service provider to locate the reference or link residing on a system or network controlled or operated by or for it, except that in the case of a notice regarding a substantial number of references or links at a single online site residing on a system or network controlled or operated by or for the service provider, a representative list of such references or links at the site may be provided, if accompanied by information sufficient to permit the service provider to locate the references or links.

293[SG propose: To satisfy this requirement, the process to be established shall not be costly or cumbersome. An appropriate electronic mechanism may be used or incorporated in this process.]

294A signature transmitted as part of an electronic communication satisfies this requirement.

295All referenced to "subscriber" in this letter refer to the person whose material has been removed or disabled by a service provider as a result of an effective notice described in part (a) of this letter.

296A signature transmitted as part of an electronic communication satisfies this requirement.

Scott Hargarten Pirate Party City Council candidate for Ward 10 in LWV debate tonight

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A friend of mine, Scott Hargarten, (@scotthargarten) is running for Minneapolis City Council with the new Pirate Party of Minnesota and participated in the Ward 10 debate today. While of course the Pirate Party is a small new political venture we are getting somewhere with advancing ideas of direct democracy. The debate was pretty interesting and shows how wide open the general political situation in the city right now really is.

Also with the Pirate Party, Kurt Hanna is running for mayor, Michael Katch and Vince Coffeen are also running for City Council and Doug Sembla is running for Board of Estimate and Taxation. Get out of the Two Party Box and vote Pirate Party! :D

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Bitcoin taps $200 again as ecosystem for services matures

Prices around $200 USD now, interesting price patterns. Stabilization & slow growth reigned since the woolly early 2013 era. Here: Bitcoin fake fibonacci trend line fun - even in crashes it never broke thru the lowest trend line.

It's hard but not impossible to see it below $100 again. I think now $80 is probably the floor. $200 i think is a psychological barrier, it will have hard time spiking higher unless 'another round of buzz' occurs.

Also note the USD sliding against Euros today: http://www.reuters.com/article/2013/10/22/us-markets-global-idUSBRE96S00... - probably helps BTC / USD price.

Also as the market for exchanges has slowly diversified you see less instability related spikes/crashes heavily spawning from MtGox, which has been an exchange overly-relied upon until now. Of course any market will suffer when there are not enough sturdy exchanges. It's called the GoxHammer or something like that when bitcoin prices crash around Gox instability.

Source: bitcoincharts.com and my pseudo-Fib generator in Preview :P

bitcoin-chart.png

If you are looking to get bitcoins: CAVEAT EMPTOR. Let buyer beware. I am not vouching for results with any service, your Grues may be eaten etc. The ecosystem is maturing but things will rise and fall, and beware pump n dumps.

However CampBx.com is doing pretty decently based in Georgia - a MtGox without the clustermesses. And you can mail them USD checks if you like. .55% fees on transactions seems pretty fair. You need to provide ID to use services extensively.

Also LocalBitcoins.com for meeting people in coffee shops around town locally. More anonymity than CampBX, but also a higher fee. Anonymity and fees seem to have an inverse relationship!

Also BitPay.com is also based in Georgia and can do point-of-sale integration with various platforms - the integration code for developers is admirably simple. Much cheaper Bitcoin purchases turned into USD bank deposits multiple times a week if you like. So you would only be risking a day or 2 of transaction cash at a time for this, used as a gateway in yr business.

Local cell phone spying KingFish stonewall: Minnesota law enforcement at BCA & Hennepin County refuse to disclose SIGINT cell phone snooping capabilities from NSA contractor Harris

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It's been dawning on Americans this year that their everyday electronic devices are used by law enforcement for investigations. However the lawmen and the county attorneys are withholding the policy information about the Harris Corporation Kingfish system which is a device that can alter the electronic behavior in a cell phone, also known as a CDMA Interrogator or cell phone interceptor.

The MN Bureau of Criminal Apprehension (BCA) has declined to share any policy information about Kingfish. I have also heard that Hennepin County Sheriffs Office and their legal counsel are putting up rather high barriers to disclosing anything at all about Kingfish. The whole case is weirdly parallel to the 1978 Rockford Files episode House on Willis Avenue, which ended with this unprecedented title card:

rockford-files-willis-ave.pngWe still have "no legal right" to know about who in Minnesota is building dossiers and how. The main question: what is Hennepin County and the BCA hiding in their versions of the House on Willis Avenue?

At the Hennepin County level in the 2010 they earlier promised to come up with sensible and clear policies about if and when law enforcement uses these devices to interfere with cell phones. Now they are claiming that stuff is non-public data - which of course precludes informed public debate at the Legislature in 2014 about electronic law enforcement interference in technical devices.

Several people including Rich Neumeister are looking into this nasty Signals Intelligence (SIGINT) mess. Follow @RichNeumeister - he is helpful answering about the details on this via Twitter.

In a shocking surprise Harris Corporation is a major contractor with the National Security Agency and KingFish is part of the domestic-grade apparatus for local but still unchecked NSA-style electronic snooping. The NSA didn't seem like a big deal when KingFish was approved, but now everyone has finally started noticing the tremendous power of unchecked electronic data collection. It's a much Hotter Potato than in 2012!

See: Sept 2009: Harris Corporation and National Security Agency Announce Certification of First Tactical Radio with Type-1 Suite B Information Security

July 2012: Harris Corporation Receives National Security Agency Certification for Soldier Radio Waveform in Falcon III AN/PRC-117G Multiband Manpack Radio

April 2007: National Security Agency Certifies Harris Corporation's SecNet 54 Top-Secret Capable Secure Wireless LAN Product

September 2004: Harris Corporation Receives NSA Certification for Programmable Cryptographic Module

Wikispaces notes: PIRT - Harris Corporation etc. More Harris links at end.

rockford3.pngAnother angle here: Hundreds of thousands of dollars have gone into KingFish in Minnesota and they are not willing to share the expense information. Ars Technica reports the boxes cost $25K so where the hell is the rest of the money? Meet the machines that steal your phone’s data | Ars Technica:

The Kingfish is a surveillance transceiver that allows authorities to track and mine information from mobile phones over a targeted area. The device does not appear to enable interception of communications; instead, it can covertly gather unique identity codes and show connections between phones and numbers being dialed. It is smaller than the Stingray, black and gray in color, and can be controlled wirelessly by a conventional notebook PC using Bluetooth. You can even conceal it in a discreet-looking briefcase, according to marketing brochures.

First used: Trademark records show that a registration for the Kingfish was filed in August 2001. Its “first use anywhere” is listed in records as December 2003.

Cost: $25,349.

Agencies: Government agencies have spent about $13 million on Kingfish technology since 2006, sometimes as part of what is described in procurement documents as a “vehicular package” deal that includes a Stingray. The US Marshals Service; Secret Service; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Army; Air Force; state cops in Florida; county cops in Maricopa, Arizona; and Special Operations Command have all purchased a Kingfish in recent years.

[…]The code of silence shrouding the above tools, however, is highly contentious. Their use by law enforcement agencies is in a legal gray zone, particularly because interference with communications signals is supposed to be prohibited under the federal Communications Act. In May, an Arizona court ruled that the FBI's use of a Stingray was lawful in a case involving conspiracy, wire fraud, and identity theft. But according to the American Civil Liberties Union (ACLU), when seeking authorization for the use of the Stingray tool, the feds have sometimes unlawfully withheld information from judges about the full scope of its capabilities. This means that judges across the country are potentially authorizing the use of the technology without even knowing what it actually does. [But in MN who needs judges?? LOL]

That's not all. There is another significant issue raised by the Harris spy devices: security. According to Christopher Soghoian, chief technologist at the ACLU, similar covert surveillance technology is being manufactured by a host of companies in other countries like China and Russia. He believes the US government’s “state secrecy” on the subject is putting Americans at risk.

"Our government is sitting on a security flaw that impacts every phone in the country," Soghoian says. "If we don't talk about Stingray-style tools and the flaws that they exploit, we can't defend ourselves against foreign governments and criminals using this equipment, too."

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Soghoian makes an excellent point - the vulnerabilities exploited by KingFish are in some ways a major public safety threat, and the security establishment is accruing power by hiding the flaws as usual instead of forcing society to deal with the overall crappiness of today's telecom technology.

"Security by obscurity" is the dominant principle of political accountability here, and of course it is doomed to fail. Responsible disclosure of the flaws exploited by KingFish and their granular legal circumstances are what we need, not moar domestic SIGINT fog and mystification.

All of these cell phone attack avenues should be known because similar tech to KingFish would be more widely available soon. The disruption under the federal Communications Act is also relevant.

Some time back I pointed out the problems with MN statutes about these kind of cell interceptor technology at a Senate committee and former Sen. Mee Moua suggested that if I wanted to go fishing for KingFish I might need to find some alternate way. At least these days more people care about this stuff!! [It should be recalled Moua - a Hmong war refugee - was hounded by law enforcement at the tail end of her service. See MPR clip below]

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Earlier: March 3 2010: Sheriff Stanek landing Fed cash for KingFish military cellphone tracker in Hennepin County; National Guard intelligence analysts fuse to metro police departments; Lobby for warrantless wiretaps in St. Paul | Twin Cities Indymedia -- March 15 2010: Surprise bill for interstate fusion center data sharing pops up Tuesday; Specs found for Harris StingRay & KingFish cellphone tracking devices | Twin Cities Indymedia

via Rich Neumeister: Open Secrets: An indefensible and odious practice with (Foia-Data Practice) data requests (Oct 15th)

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Office of the Commissioner

445 Minnesota Street - Suite 1000 - Saint Paul, Minnesota 55101

Phone: 651.201.7160 - Fax: 651.297.5728 - TTY: 651.282.6555

Website: dps.mn.gov

October 3, 2013

Rich Neumeister VIA Electronic Mail

Re: Cell Phone Tracking Data Request

Dear Mr. Neumeister:

Thank you for your data request. You ask "to inspect and review all government data about the cell phone location tool known as the (Kingfish) including, but not limited to, such items as protocols, procedures, legal thresholds, Attorney opinions, evaluations, correspondence, and results of use."

The BCA does possess cellular exploitation equipment; however, we cannot provide details about the equipment because it would compromise ongoing and future criminal investigations including AMBER Alerts, kidnapping cases, fugitive searches and homicides.

In addition, any disclosure regarding the manufacturer, model, capabilities, functionality or other specifics about the equipment could be used by criminals and fugitives to defeat the technology and render the system useless.

As a result, any data regarding this equipment is confidential or protected non-public under Statutes 13.82 Subd. 25 and 13.37 Subd. l (a).

Portions of the data are also trade secret data not subject to dissemination. The contracting company has taken efforts to protect the data from disclosure. As you are aware, a corporation supplying trade secret data to a government entity may claim portions are trade secret. The contractor in this case has appropriately made such a claim as it relates to portions of the data, pursuant to Minn. Statute 13.37 Subd. 1(b).

Again, thank you for your data request. Should you care to discuss it further please contact me.

Sincerely,

E. Joseph Newton

General Counsel

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Lol "any disclosure regarding the manufacturer, model, capabilities, functionality or other specifics about the equipment could be used by criminals and fugitives to defeat the technology" - so they are counting on ignorance to succeed in controlling society. A perfectly sound way to invest public Debt-Dollars, counting on perpetual confusion over some metal box's legal & technical specifications. Perhaps this kind of clever spending theory contributed to the federal government shut down - it's not like millions haven't vanished on deficient & wasteful Homeland Security gear :-/

Well then let us take a look at MN Statutes 13.82 Subdivision 25. 13.82, 2013 Minnesota Statutes

"Subd. 25.Deliberative processes. Data that reflect deliberative processes or investigative techniques of law enforcement agencies are confidential data on individuals or protected nonpublic data; provided that information, reports, or memoranda that have been adopted as the final opinion or justification for a decision of a law enforcement agency are public data."

Justification for a decision of a law enforcement agency are public data and that would really seem to include the legal memos about the process for when to fire up Kingfish to poke at cell phones.

here is the 13.37 Subdivision 1 a: 13.37, 2013 Minnesota Statutes

Subdivision 1.Definitions. As used in this section, the following terms have the meanings given them.

(a) "Security information" means government data the disclosure of which the responsible authority determines would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. "Security information" includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home and mailing addresses, telephone numbers, e-mail or other digital addresses, Internet communication services accounts information or similar accounts information, and global positioning system locations.

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It seems like this is worded to mean that the "information" would be subjected to "theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury". "Defeat the technology" is not on that list, and indeed the question of who the technology has been used on remains decidedly open.

Here is Rich's list of questions which is a good starting point: What's behind the secrecy wall of Hennepin Co Sheriff and BCA?

Some of the few questions I am trying to get answered are as follows: In what situations are the cellular exploitation devices used?

Are the BCA/Hennepin Co Sheriff invading people's privacy and liberty at a low legal threshold or no threshold rather than get a search warrant?

Who oversees and approves the use of the equipment? Where is the accountability?

How many innocent people have been within sights of the Kingfish or similar device, the data collected and those subjects of the surveillance who may not even know about it,? How many arrests have happened with the use of this device?

Kip Carver, an official in the Hennepin County Sheriff's office stated to the county's commissioners three years ago that the cellular exploitation device may be used hundreds of times a year.

How frequently are the cellular exploitation devices used and the number of subjects?

Depending if the cops are using a low threshold or none at all in using this device are they doing so to avoid an appearance before a judge where a search warrant (top standard to protect our privacy & liberty) needs to be issued and where questions can be asked?

What is the role of the prosecutors in situations when this equipment is used?

In my data request I asked for the legal thresholds that the agencies must go by in order to use the Kingfish? What is so secret about that?

At this time, the attitude that both agencies have taken with my data requests give the Minnesota Legislature and most important the public no idea how this tool has been used, is being used, how an individual or individuals get chosen to be pursued, and who is accountable.

As some people may currently know I have been working to possibly update our state laws so that the rule of law applies to whats happening now in 2013 not in 1988-1989 when 626A had its last major update.

Even though the Department of Public Safety and the Hennepin County Sheriff do not want to tell me or the public their protocols, policies, procedures of accountability, legal thresholds, and other appropriate public data I will still push on and I hope others will. I am not interested to live in a state where law enforcement rules and not the people.

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Story from Feb 9 2010 Star Tribune. You Can LOL about how Kip Carver claims that the device would only track cell phone numbers obtained through a search warrant: via Sheriff Stanek landing Fed cash for KingFish military cellphone tracker in Hennepin County; National Guard intelligence analysts fuse to metro police departments; Lobby for warrantless wiretaps in St. Paul | Twin Cities Indymedia | Movement Media for Minneapolis-St. Paul

The Minnesota Bureau of Criminal Apprehension in St. Paul has a KingFish device and makes it available to local agencies, said Jill Oliveira, a BCA spokeswoman. Only a few people know how to use it because the training is expensive, she said.

Stanek couldn't be reached for comment Tuesday. Kip Carver, a Sheriff's Office inspector who heads the investigations bureau, told commissioners that the device would track only cell phone numbers obtained through a search warrant, and couldn't be used without a court order.

The KingFish can't eavesdrop on phone conversations, Carver said. Instead, it locates cell phones that might be in the possession of an abduction victim, he said, or a robber making a getaway.

"I truly believe [we] would be very busy using that," Carver said. Asked how many times a year the device might be used, he said it could be in the hundreds.

Commissioner Jan Callison agreed to table the request to get more information, but added she was not as troubled by the device as some of her colleagues. "It seems to me that there are certainly ways to make sure this technology is deployed legally. ... It's really the sort of law enforcement that we want," she said.

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rockford-files2.pngHere is something handy, a contract surely similar to the ones being currently hoarded by BCA and Hennepin County Sheriffs Office, a 2012 Harris Government Communications Systems Division June 25 2012 from the city of Tempe Arizona: Harris Corporation Wireless Surveillance Products Standard Terms and Conditions of Sale | Public Intelligence - 11 pages.

Harris Corporation’s “StingRay” Used by FBI for Warrantless Mobile Phone Tracking

Harris Corporation AmberJack, StingRay, StingRay II, KingFish Wireless Surveillance Products Price List. Thanks to PublicIntelligence.net as always for stacking the key infos nicely!

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December 2008: Harris Corporation Receives National Security Agency Certification for Type 1 Ethernet Module for SecNet 54

June 2013: Harris Corporation Receives NSA Type 1 Certification for Cryptographic Component of Anti-Scintillation/Anti-Jam Modem

July 2011: Harris Corporation's Small Secure Data Link Receives National Security Agency Certification - aka drone radios

January 2008: Harris Corporation Receives National Security Agency Certification for Falcon III Multiband Manpack Radio

Photo source: Ars Technica: Meet the machines that steal your phone’s data | Ars Technica

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Sen Mee Moua hounded by law enforcement: Mee Moua leaves state Senate, legacy | Minnesota Public Radio News - Laura Yuen June 29 2010

Yet Moua made waves with some law-enforcement officials this year when she proposed legislation that would ban police departments from sharing secret files on gang members and activities. Moua said she had concerns about racial profiling, especially of young African-Americans who she says could be entered into the database simply for being photographed with a known gang member. The proposal came after a series of scandals involving the now-defunct Metro Gang Strike Force.

"So she saw abuse in law enforcement, and I think that's why she wrote the bills she did," Limmer said. "Was it an overreach? Hmm. Some people might say so, but you could understand where she was coming from."

Some law-enforcement officials, though, painted Moua as a gang sympathizer. And Ramsey County Sheriff Bob Fletcher said at the time that Moua was overreacting to isolated problems with the strike force.

"I think that overreaction has caused her to introduce reckless legislation that will jeopardize the safety of citizens, officers and case prosecutions," Fletcher said.

Moua said she was taken aback by the reaction from law enforcement.

"They wanted to make this about cops vs. dangerous criminals," she said. "But the actuality is it's about cops vs. people in the community who haven't done anything [wrong] and who were being profiled in these databases."

Chaska Police Chief Scott Knight said Moua has been known to question police practices -- which may have irked some law enforcement officials.

"While sometimes some of my peers had some frustrations, I thought she was very healthy for the global approach to law enforcement, and the balance with community and citizens' rights and fairness," Knight said.

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To paraphrase Rockford Files Jim says: "You can stomp someone into the ground using computer technology as a club"… Evil CEO guy: "To my knowledge none of this is illegal." Jim: "It should be!" The House on Willis Avenue is easily the most applicable episode to this scenario, with its combination of unregulated electronic spying and shady local government operations:

See also: Rockford files data surveillance didactic ending — Critical Commons

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Finally I would add there are several candidates for Pirate Party in Minneapolis in November - if you want to send the signal that these issues matter, consider voting for them. The two parties are almost certainly not going to help you and the other minor parties are all over the map.

"Capital Shield 2014": Military Defense Support of Civil Authorities exercise coincides with US Capitol incident

The US government runs a lot of exercises, which usually happens for ordinary training reasons. On the other hand, many researchers of geopolitics and covert politics note that exercises serve other geopolitical purposes -- for example demonstrating a military alliance with an ally state in front of its rivals. Some argue that exercises can be used as cover for covert operations. Hence wherever there is some dramatic event in the US, it's always interesting to see if there are any coincidental exercises.

In today's case the exercise called Capital Shield 2014 or CS 14 involves 34 agencies. Even if there isn't some cloak-n-dagger twist to this event, doesn't an active exercise sort of encourage more aggressive behavior by officials?

See previously: TC Indymedia Exclusive: Secret 'Trigger' & blueprint for emergency domestic military crackdown plan revealed | HongPong.com // The Military’s Plans for Social Unrest: CONPLAN 3502, Civil Disturbance Operations and Martial Law | Public Intelligence // Defense Support of Civil authorities - Wikipedia, the free encyclopedia // http://www.defense.gov/news/homelanddefensestrategy.pdf // http://www.dtic.mil/doctrine/new_pubs/jp3_28.pdf . Defense Support of Civil Authorities is laid out in USNORTHCOM CONPLAN 3501, and the "Civil Disturbance Operations" crackdown plan is right next to it, USNORTHCOM CONPLAN 3502.

Capital Shield 2014: First Responders train in Nation's Capital | Article | The United States Army

WASHINGTON (Sept. 30, 2013) -- Emergency vehicles and first responders are once again in action in the National Capital Region and will be thru Oct. 3. They are participating in "Capital Shield 2014."

CS 14 is a joint training exercise in the NCR that is hosted by the Joint Force Headquarters - National Capital Region. It brings federal, state, local and municipal agencies together to realistically test interagency operability during a crisis impacting the District of Columbia, Virginia, and Maryland. It also trains and prepares the Department of Defense to provide defense support to civil authorities and employ appropriate force protection measures as requested.

"Because we are all regional partners it's nice to be able to pick up the Phone and KNOW the other person on the end of the line when you are in need of some help," said Fairfax County Fire and Rescue Battalion Chief Paul Ruwe. "It's a lesson learned from 9/11. We had good regional contact with the FBI Washington office, and that really helped after the attack on the Pentagon."

Ruwe is the Incident commander at the Lorton Training site, Lorton Va., and said the training site will be very busy over the next few days.

More than 38 participating agencies from DOD and Capital region response agencies will perform mock mass casualty rescues, Defense Support to civil agency technical rescues and law enforcement tactical responses. The goal of the exercise is to ensure government agencies at every level are prepared to coordinate action to protect the public in the event of an actual disaster in the National Capital Region.

FOR ADDITIONAL INFORMATION: Please visit the Capital Shield 2014 website at www.mdwhome.mdw.army.mil/capital-shield.

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IMG/caption: Chief Warrant Officer 4, Frank Pater, Battalion Senior CBRN Officer explains the days training events to role-playing "victims" at the Lorton Va. emergency training site, Sept. 30, 2013. The Joint Force Headquarters - National Capital Region is…exercise.png

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Aha our old friend Defense Support of Civil Authorities (DSCA): Capital Shield

Concept of Operation

Exercise CS14 will be comprised of multiple FTX and CPX events both linked and de-linked through a scenario which will be designed to focus on testing JFHQ-NCR/MDW subordinate units, MDW Installations, and Component Services as a JTF on OPLAN 3600 requirements of CBRN response, Tech Rescue operations, Mass Casualty treatment, stabilization, evacuation and DSCA.

Purpose

Validate JFHQ-NCR/MDW, Service Components, National Guard, JTF CAPMED, and Interagency Partners consequence management operation through a FTX and CPX focusing on Defense Support of Civil Authorities (DSCA) scenarios.

Objectives

  • Annual Validation of OPLAN 3600 Emergency Preparedness in the NCR.

  • Execute Command & Control with Subordinate Units, Subordinate Garrisons, Service Components, NG, CapMed and IA mission partners.

  • Execute interagency interoperability, coordination, and situational awareness within the NCR.

  • Validate JRC/JRSOI procedures with MDW Subordinates/Installations, Components Services/Installations.

  • Validate BSI Capabilities for MDW Subordinate Installations & Component Service Installations.

End State

JFHQ-NCR/MDW is prepared to conduct Defense Support of Civil Authorities (DSCA) and BSI operations.

In an additional angle, the best early circulated footage of the attack is from Alhurra which is a US government-sponsored news service in the Middle East. See http://talkingpointsmemo.com/livewire/video-shows-police-chase-at-u-s-ca.... As noted by ABC News, Alhurra is sponsored by the Broadcasting Board of Governors, like "Radio Free Europe" , "Voice of America" & "Radio Free Asia". http://abcnews.go.com/blogs/headlines/2013/10/what-is-alhurra-network-th...

Sheriff Stanek lied on Minnesota Public Radio this morning about marijuana and local violence

Super quick note: Sheriff Stanek lied on Minnesota Public Radio this morning claiming that tons of people are intoxicated on marijuana when they commit violent crimes - a dramatic distortion of yesterday's Stanek Star Tribune op-ed saying more than 50% of people booked at Hennepin Co Jail test positive (as one can test positive for weeks after smoking MJ).

Harry Anslinger abandoned this particular tactic decades ago. MPR mentioned my tweet around noon "Dan says Stanek just lied on MPR" and now the meme is rolling around further ;) stay tuned …..

See:

http://minnesota.publicradio.org/display/web/2013/09/19/daily-circuit-ri... http://www.startribune.com/opinion/commentaries/224151231.html

Lies on MPR: "When you show me that in a jail that books 40,000 people a year for a variety of offenses, whether drunk driving, domestic assault, rape, robbery, murder, and I don't have 54 percent of them under the influence of marijuana, maybe I'll say something different," he said. "But at this point the facts speak for themselves."

Star Tribune totally different claim: "I have seen firsthand in Hennepin County that there is a direct connection between marijuana and violent crime. Drug task forces here have linked marijuana to assaults and homicides. In the Hennepin County Adult Detention Center, marijuana is the most commonly detected drug among the 36,000 inmates who are booked into the facility each year. According to our most recent data, approximately 54 percent of males arrested for violent crime test positive for marijuana in Hennepin County."

You're busted for lying about the war on drugs and drug effects, sheriff. Alcohol causes way more violence.

UPDATE 3:45 Saturday: Aaron Rupar @ City Pages expands in more detail on the falsity of the pot/violence link as shown in relatively plentiful academic studies. 459 FB likes, 27 tweets and 119 local comments. Hennepin County Sheriff Rich Stanek thinks pot makes you violent - thanks @atrupar for the hat tip! On Friday, the Star Tribune carried a good op-ed from west coast radio host Russ Belville as well: Sheriff Stanek's misdirection on marijuana | Star Tribune.

Susan Perry in MinnPost also wrote a more detailed medical perspective: Sheriff Stanek's marijuana comments confuse correlation and causation | MinnPost. Well done everyone!

Occupy Boulder Flood Relief gets rolling as oil oozes around Colorado; Japanese typhoon could create complex Fukushima super-meltdown; Sunday LinkDump

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The good news is that people are organizing for flood relief in Colorado along the proven lines of previous efforts at Occupy Sandy. URLZ: #boulderflood relief :: Boulder Flood Relief - Get help & get involved

First meeting 28 mins video: Boulder Flood Relief - Orientation Meeting - YouTube

Donations on wepay at $2k currently: Boulder Flood Relief:

Boulder Flood Relief provides immediate assistance to those affected by the Boulder flood of September 13, 2013. We are currently providing physical labor such as cleanup help for those affected by the flood. More volunteers are joining by the hour and we will be able to fill more needs as new skill sets present themselves. If you have any need please link, call, or email here:

boulderfloodrelief.org

720-943-4482

BoulderFloodRelief@gmail.com

100% of donations from this page support these relief efforts. They go toward cleanup equipment, administrative costs, and other immediate needs. Funds may also go toward providing material goods and food for affected Boulder county residents.

We work in relationship with Four Mile Fire Relief, which is a local, relief-oriented 501(c)(3) non-profit. They provide financial oversight and make your donation tax deductible.

If you can donate food or material goods please contact YMCA Boulder, as we are not accepting physical donations at this time.

YMCA Boulder 303-442-2778

2850 Mapleton Avenue, Boulder CO

If you are in need of assistance please go to boulderfloodrelief.org and fill out an assistance form. We will contact you asap. Thank you, from your friends and neighbors at Boulder Flood Relief.

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Another long and productive day with Boulder Flood Relief. In under 72 hours we've:

- Built a volunteer database of over 500 individuals.

- Started work sites with over 30 volunteers on the ground helping homeowners.

- Sent canvassers to affected neighborhoods to assess needs.

- Built information systems that will allow the organization to scale and be transparent to itself (using a combination of open source and cloud based software).

- Began building a peer to peer marketplace of goods and services so folks can self-organize to relieve and recover.

Not bad for three days. If you're in Boulder we invite you to get involved in whatever way you can. Go to our website (www.boulderfloodrelief.org) and register as a volunteer and/or share your needs.

There is much work to be done, and we are the ones to do it.

#boulderflood #boulderfloodrelief

Facebizzle: Occupy Boulder Flood Relief. Small tumblr: Occupy Boulder Flood Relief. Twitter: #BoulderFlood Relief (BoulderRelief) on Twitter

Some app for help: SparkRelief.org | Community Driven Disaster Relief

spark-relief.png

Reddit help info index: 9/13/2013 - Colorado Flooding Resources : Colorado

Large and detailed Google Docs info on Boulder CO support resources: A snippet:

Logistics

Headquarters/Hub/Incident Command Post:

[location to be announced tomorrow]

[9/13 location: 1:30 pm @ Innisfree Coffee, 1203 13th St., Boulder, 80302]


Remote Supplies Location:

[to be determined]

Vital Numbers:

Cel.ly Loop: text @floodrelief to 23559

The Internet

Common Hashtags:

#BoulderFlood, #COwx, #WaldoFlood, #COflood #LongmontFlood #LyonsFlood, #Ftcollinsflood, #CCCF, #JeffCoFlood, #ColoradoFlood, #larimerflood

Related Searches:

#Boulder, Boulder flash flooding,


Google Community:

https://plus.google.com/communities/110401760903189735343 for sharing information documents inter-organizationaly


Twitter Accounts:

@ArvadaPolice

@BoulderCounty [Boulder Local Government]

@BoulderOEM [Boulder Office of Emergency Management]

@COEmergency

@femaregion8

@jeffcosheriffco [Emergency info for Jefferson County]

@LarimerSheriff

@NWSBoulder [National Weather Service, Boulder]

@OccupyRelief [part of @OccupySandy]

@Occuweather

@RedCrossDenver

@bowandarchery

Alerts and Closures

For Road Closures: @ColoradoDOT, BoulderOEM Road Closure Update

For Current Emergency Information/Emergency Status: http://boulderoem.org/emergency-status

For National Weather Service Alerts: http://www.crh.noaa.gov/bou/

For CU University Campus Alerts: http://alerts.colorado.edu/

For Greeley city updates: http://greeleygov.com/PIO/Lists/News%20Releases/DispForm.aspx?ID=1802&Source=http%3A%2F%2Fgreeleygov.com%2FPIO%2FMedia.aspx

General Links

National Weather Service Hydrograph:

http://water.weather.gov/ahps2/hydrograph.php?wfo=bou&gage=bocc2

http://streamstatsags.cr.usgs.gov/ThreatenedGages/ThreatenedGages_seq.html

Colorado Division of Water Resources -- Boulder Creek Gage Height West of Broadway:

http://www.dwr.state.co.us/SurfaceWater/data/detail_graph.aspx?ID=BOCOBOCO&MTYPE=GAGE_HT

Google Boulder News Aggregator

http://goo.gl/news/58WN

Cleanup Guide:

http://www.floodsafety.com/media/pdfs/cleanup/Cleanup_after_flood.pdf

Maps

Boulder Flood Hazard Mapping

http://gisweb.ci.boulder.co.us/agswebsites/pds/floodmap/

For Google Maps (shelters, animal shelters, road closures, evac zones): https://m

apsengine.google.com/map/viewer?mid=zYYdhADI7PvQ.kzJSidMtEIqY

Xcel Power Outage Map: http://www.xcelenergy.com/portal/site/xe-en/menuitem.471846b0c2475abf262a71986b108a0c/?vgnextoid=02b6719a0b3cd210VgnVCM100000b40b98aaRCRD&vgnextchannel=e97c6113f220f210VgnVCM100000b40b98aaRCRD&appInstanceName=xe


Community Map with Instagram photo layers:

https://boulderflood2013.communityos.org/cms/node/1

Current EvacuationsFor Evacuation Center Info:, http://boulderoem.org/emergency-status

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From the Occupy Sandy days, relief network theory info: Home - FLO Solutions for Disaster Relief

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The OOZE: It's almost like drilling and fracking willy-nilly could set the stage for complex or compound environmental disasters. Colorado Floods Causing Fracking Spills?: Natural and Human-made Disasters Portend Future of Toxic Catastrophe | Earth First! Newswire

Is there a media blackout on the fracking flood disaster in Colorado? From an email:

I see you’ve noticed the underwater wells in Weld County, Colorado. Amazing; we’ve emailed the Denver TV stations, other media, and state and local politicians. We’ve sent pictures that our members have taken. It’s like the media and politicians have been TOLD not to say anything about it. There has been no mention of the gas wells on the Denver newscasts either last night or this evening although all stations have had extensive and extended flood coverage. You can see underwater wells in the background of some of the newscast videos, and yet the reporters say absolutely nothing.

Here’s a picture one of our members took yesterday in Weld County, Colorado. We’ve got tons more on our website. Check it out. The tanks are tipping and, in some cases, have fallen over. They have to be leaking toxins into the flood waters. There have to be hundreds if not thousands of underwater well pads in Weld County as a result of the flooding.

Please publicize this in Texas since our media people and politicians have gone silent!

https://www.facebook.com/EastBoulderCountyUnited

East Boulder County United

Lafayette, Colorado

WeldCountyFloatingTank-e1379213713195.jpg

Colorado Floods Causing Fracking Spills?: Natural and Human-made Disasters Portend Future of Toxic Catastrophe | Earth First! Newswire

National Geographic, Sept 14 2013: Amid Drought, Explaining Colorado’s Extreme Floods as the drought weakens absorption capacity of the land.

Navajo flooding in AZ: Dine' Resources and Information Center » Navajo Nation Operation Storm Surge – Volunteers Needed

▶ Raw video: Extreme flooding in Weld County - YouTube

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Impending Japanese DoomSphere: With the release of a new Ghost in the Shell series, ARISE [ see http://www.ghostintheshellarise.com/anime/ghost-in-the-shell-arise/borde... ] it is time once again to ponder how the land of the Rising Sun will get into a post-apocalyptic state required of the finest anime.

Fukushima could get flooded once again by Typhoon Man-yi, but perhaps they will have a lucky break. Typhoon hits Japan - fears for Fukushima plant - World - NZ Herald News. Tracking map URL next 12 hours are the Big Deal: http://www.wunderground.com/hurricane/western-pacific/2013/Tropical-Stor...

Commentary from Michael C Ruppert:

If you are psychologically and emotionally able...

First watch the aerial footage of the flooding around Boulder and Lyons, Colorado (below). Watch all of it, no matter how difficult that might be.

Then read this quote from this posting about Man-yi:

"Man-yi might also inundate Fukushima, where utility crews are struggling to contain highly radioactive water leaking from and flowing under the crippled Fukushima No. 1 nuclear plant and into the Pacific Ocean at an estimated rate of 300 tons a day".

Now understand that the earth at Fukshima has already been horribly compromised by flooding -- for two and a half years straight. The reactor buildings are unstable and ready to fall. The unwelded storage tanks are already failing, and the spent fuel pools are teetering above ground with their ever-present threat of an open-air, uncontrolled fission reaction.

Now add rainfall like what has just hit Boulder... Instead of many huge sections of roadway, bridges and buildings falling away into the torrent, picture the reactor buildings, the fuel pools and all the stored super-radioactive water being washed away, either into the sea, or being scattered and dispersed for hundreds, maybe thousands of miles by 50-60-70 mph winds.

And the hardest thing of all to imagine is the fuel pools collapsing in the middle of a tropical storm or typhoon, triggering an open-air reaction in the middle of all that wind.

Forget all of these other times the cliche "The Perfect Storm" has been used before. […..] When highly complex civilizations fail, they fail spectacularly. The cascade of problems becomes its own Fukushima tsunami. […..]

[CO Flood Post] Words are absolutely inadequate to describe this footage. I could not help continually viewing this as a metaphor, a symbolic viewing, of how difficult it will be to address the life-threatening crises that are bearing down so hard with so much infrastructure gone in so many places.

No matter where we are, this is showing us what our world is going to be resembling in the near future, whether as a result of floods, quakes, radiation, lack of maintenance, lack of resources and ultimately lack of will.

As local, immediate survival becomes a priority almost everywhere, our ability to address the larger issues causing these events collapses, evaporates and is gone with the wind.

Let your heart watch this right beside your mind. One way or another, this is the future for all of us, unless we can all unite on the same page, and at the same levels of consciousness.

AFP-JIJI: Typhoon Man-yi heads for Chubu | The Japan Times: "Man-yi might also inundate Fukushima, where utility crews are struggling to contain highly radioactive water leaking from and flowing under the crippled Fukushima No. 1 nuclear plant and into the Pacific Ocean at an estimated rate of 300 tons a day."

Petition w 1.5K signers right now: STOP FUKUSHIMA RADIATION- UN ACTION NEEDED

Terrible nuclear Olympics of 2020 scheduled: Endless Fukushima catastrophe: 2020 Olympics under contamination threat — RT Op-Edge

ENEnews tracking this like ballers: Fukushima reactor cores may have had “Melt Through to China Syndrome” and went into the earth itself — Includes over 1,500 pounds of plutonium

Tritium levels of groundwater in Fukushima now at their highest - The Japan Daily Press

Sept 13th: Interview: Fukushima melted fuel “could have burned through floor and now in earth underneath reactors”

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Jet Stream climate change: It's not just the CO2 coefficient, it's shifting wind patterns. For animated archives: Animation of Archived Jet Stream Analyses for North America

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Nazis of popular culture: Mr Brand razzed Hugo Boss, the stylists of the Third Reich, prompting a nasty microcosm of larger 'soft fascism' to iterate anew. Well trolled good sir: Russell Brand and the GQ awards: 'It's amazing how absurd it seems' | Culture | The Guardian

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Now for the Misc Linkdump… First: Great Game Roundup: For Sun Sept 15th: Sibel Edmonds' Boiling Frogs Post. Lawrence Wilkerson speculates on Israeli false flag CW operation in Syria: Ex-Bush II Administration Official: Israel could have used Chemical Weapons in Syria | Global Research. Conspiracy lulz: Activist Post: Syria's "Rebels" Threaten UN - Will Use US Weapons.

Five Ways a Wider Syrian War Could Go Nuclear | Common Dreams

SWIFT NSA infiltrations: NSA Successfully Figured Out How to Tap Into VISA’s ‘Complex Transaction Network’ | The Dissenter // Internet snooping: Backdoor dealings | The Economist

Petraeus protests going viral: Protests of David Petraeus's lectures to continue, say CUNY students | World news | theguardian.com

Tech punditry and the attention economy: pretty clutch stuff here, the art of self interested trolling and TED talks. Tech Cyber-Critics

Neat poem:

Shine, Republic by Robinson Jeffers

The quality of these trees, green height; of the sky, shining, of

water, a clear flow; of the rock, hardness

And reticence: each is noble in its quality. The love of freedom

has been the quality of Western man.

There is a stubborn torch that flames from Marathon to Concord,

its dangerous beauty binding three ages

Into one time; the waves of barbarism and civilization have

eclipsed but have never quenched it.

For the Greeks the love of beauty, for Rome of ruling; for the

present age the passionate love of discovery;

But in one noble passion we are one; and Washington, Luther,

Tacitus, Aeschylus, one kind of man.

And you, America, that passion made you. You were not born

to prosperity, you were born to love freedom.

You did not say 'en masse,' you said 'independence.' But we

cannot have all the luxuries and freedom also.

Freedom is poor and laborious; that torch is not safe but hungry,

and often requires blood for its fuel.

You will tame it against it burn too clearly, you will hood it

like a kept hawk, you will perch it on the wrist of Caesar.

But keep the tradition, conserve the forms, the observances, keep

the spot sore. Be great, carve deep your heel-marks.

The states of the next age will no doubt remember you, and edge

their love of freedom with contempt of luxury.

Robinson Jeffers

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Classwar lulz: Watch Barney Frank Leave Wall Street Defenders Speechless

Spacelulz: Searching for the ruins of alien civilisations – Paul Gilster – Aeon

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Lol the Waste Confidence Directorate:

This is email sent Friday Sept 13, 2013 by the NRC Nuclear Regulatory Commission

Hello,

Three important Federal Register notices were published today.

· The NRC’s proposed Waste Confidence rule for public comment: https://federalregister.gov/a/2013-21708

· The NRC’s Notice of Availability for the Waste Confidence draft generic environmental impact statement (DGEIS): https://federalregister.gov/a/2013-21715

· The Environmental Protection Agency’s Notice of Availability of the Waste Confidence DGEIS: https://federalregister.gov/a/2013-22363

The publication of these notices starts the 75-day public comment period on the Waste DGEIS (http://pbadupws.nrc.gov/docs/ML1322/ML13224A106.pdf) and proposed rule. The public comment period ends on Wednesday, November 27, 2013. Comments received after November 27, 2013, will be considered as practicable. However, the NRC can only guarantee consideration of comments received on or before November 27, 2013.

In addition to presenting oral comments at any of our twelve public meetings, there are many ways to submit written comments on the DGEIS and proposed rule. The NRC gives all comments equal weight, no matter who submits them or how they are submitted. You can submit written comments through any of the methods below.

E-mail comments to Rulemaking.Comments@nrc.gov, citing Docket ID No. NRC–2012–0246

Submit comments online at www.regulations.gov using Docket ID No. NRC–2012–0246

(Direct link to comment submission: http://www.regulations.gov/#!submitComment;D=NRC-2012-0246-0361)

Mail comments to Secretary

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

ATTN: Rulemakings and Adjudications Staff

Fax comments to Secretary

U.S. Nuclear Regulatory Commission

301-415-1101, citing Docket ID No. NRC–2012–0246

Hand-deliver comments to 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) on Federal workdays; telephone 301-415-1677.

If you have any questions about the information in this e-mail please contact Sarah Lopas at (301) 287-0675 or Sarah.Lopas@nrc.gov. For additional details on our 12 public meetings and how to register to attend these meetings, please go to our Waste Confidence Public Involvement webpage: http://www.nrc.gov/waste/spent-fuel-storage/wcd/pub-involve.html.

Thank you,

Staff of the Nuclear Regulatory Commission

Waste Confidence Directorate

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Financial collapse still impending: With Currency Wars guy Jim Rickards: [KR497] Keiser Report: Deja Fraud | Max Keiser // Portuguese Return to Farming to Counter Unemployment, Austerity - Bloomberg

Neil Young at Tar Sands: 'Fort McMurray is a wasteland': Neil Young slams oil patch, Keystone plans - The Globe and Mail. Alberta politicians as the new Southern Man!

Sad reefs and CO2 bubbles make carbonic acid: Pacific Ocean takes perilous turn | Sea Change: Ocean acidification | The Seattle Times // International Scientists Warn Climate Deniers Are Enabling Earth's Suicide // Image of the Day: Satellite view of record heat wave in China, 5-12 August 2013 // Shitloads of Methane as reptilian alien "They Live" conspiracy bears fruit: Arctic News: Methane reaches 2571 ppb

Some theory: The Absurdity of Authenticity – Nature Bats Last

Fed Chair Baseball: Summers over | Felix Salmon

Cool and clever energy tech may help make new storage systems using basically air and water: Technology - LightSail Energy

Coconut Revolution: ▶ Coconut Revolution - "The world's first successful eco-revolution." - HQ - Full - YouTube

Why not? “Chemtrails Are Happening All Over The World” According to Former British Columbia Premier | Collective-Evolution

Leaving it there for now...

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