Promulgation of the Trans-Pacific Partnership ( "PPT") free-trade agreement exchange would, among other changes, to try to harmonize the patchwork of laws on copyright through the various signatories. Activists are concerned that sections of the TPP undermine copyright fair use protections that currently allow limited use of a work for some comment or other purposes based on opinion. TPP, Art. 4.3. Other changes eliminate or reduce the conditions necessary to obtain a preliminary injunction against an alleged infringer. TPP, Art. 13.1. More importantly however, is the establishment of a harmonized copyright enforcement regime in which the signatories provide "legal incentives to [Internet] service providers to cooperate with copyright owners to deter unauthorized use and transmission of copyrighted material. " TPP, Art. 16.3 (a) (US Project IP Chapter).
Some national groups are already mobilizing against the TPP based on the possibility that it will be approved in the United States without regard to transparency the negotiation process. During the 2012 negotiations, Amnesty International called for better public access to the draft text of the proposed agreement. But how and when the Senate of the United States could ratify such a treaty polarization? Since 2011, the American public was strongly against the free trade agreements "NAFTA model." How can something so unpopular have such opportunity to be ratified?
what concerns is that the US government sought approval "fast track" (or use what is known as the "trade promotion authority") of TPP without going through the usual channels such as discussion the Senate of the United States. Adoption and use of power "fast track" to ratify the TPP could undermine the constitutional separation of powers by giving the power to negotiate and approve international treaties only to the executive branch. Although power "fast track" is not yet in place, it is currently advocated by the Obama administration to accelerate the passage of the TPP.
it is possible that the Obama administration is aware that TPP would not be approved in its current form by the United States Senate, given the current ideological divisions, so they try to bypass the Senate with the power to "fast track" approval? At present, the ratification of a treaty requires a 2/3 vote in the Senate. The Senate is currently much too divided to meet 2/3 of the votes needed to approve an international treaty like the TPP in its current form. If the Senate gives the "fast track" authority to the US trade representative named, then it is possible that the TPP will be negotiated in secret consistent with the predictions, then left to a simple vote up or down in the Senate. However, the power "fast track" was not renewed by Congress and appears not to be renewed soon. Fortunately, for the moment, the US Senate still retains the power under the United States Constitution to negotiate and ratify treaties.
There are more than enough senators at that time who vote against the ratification that the TPP would not pass in its current form. In August 2013, Jared Polis (D-Colo.), A sent a bipartisan letter of Congress signed by 17 other representatives of the Congress Representative of the United States Trade advocating for a balanced approach to intellectual property rights and greater transparency in the negotiation of trade agreements.
Due to a recent proposal of the United States to allow control of the exchange rate, the probability that the TPP will be transmitted at any time this year is very little likely. At the very least, were the PPT to finally reach the Congress, he would face an uphill battle against public opinion, given the unpopularity of other trade agreements "free". There are still a number of obstacles to overcome before the TPP is likely to be ratified, so the concerned activists can rest now. But the rest with one eye open because if the power "fast track" is somehow granted, then the probability of an early ratification of the TPP without substantive debate increases.
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