Tech Industry Associations meeting with TPP negotiators

TPP Intellectual Property and Tech/Internet issues
Report from a meeting with TPP negotiators

Based on what we have seen from leaked texts, all major tech sector representative bodies were concerned about the TPP process. We were also concerned about the content of parts of the agreement, particularly on intellectual property issues.

NZTech and other major technology sector organisations met with the New Zealand negotiators working on these issues, to share our concerns and to hear their assessments of likely outcomes should the TPP conclude.

The key concerns raised were whether or not the agreement would require changes to software patents laws in New Zealand and the implications for copyright. These concerns relate to the difference between what New Zealand intellectual property law and policy are today and what the TPP might require. We also shared our disappointment about the secrecy of this process.

The Positives

Negotiators suggested that for most of the issues raised, a TPP finalised consistent with where the text is at today would not affect the current position in New Zealand. Based on today’s discussion, it seems that a concluded TPP would not affect New Zealand’s:

• exclusion for patents for computer programmes as currently defined in the Patents Act
• “three strikes” graduated response process and safe harbours for ISPs
• current approach to unlocking TPMs for legitimate purposes
• burden of proof in copyright proceedings
• stance on parallel importing

On this basis, some fears that people have shared with us, such as unlocking a TPM to access content bought lawfully could turn people into criminals, would not come to pass. If such actions were criminalised in general, particular exceptions would be needed alongside these to avoid material changes to the rights New Zealanders have under our existing copyright law.

All in all, it seems possible New Zealand would not need to make changes to its approach in these areas of policy. We look forward to a relatively open space for the upcoming Copyright Act review, to assess and rework this law which is fundamental to New Zealand’s creative and technology sectors.

The Not So Positives

Not all of our concerns have been met. The negotiating end-game on the copyright term, for instance, is not yet clear. New Zealand and other TPP countries may end up having to lengthen the term of copyright to allow a deal to come together.

We can’t share everything we learned today as some matters were discussed in confidence. As noted above, our view is that policy in these areas should be made openly.

We are however confident that we have been heard and listened to as a stakeholder group, and that the New Zealand Government is taking the interests of the New Zealand technology industry and Internet community seriously.

We understand from this meeting that there is still work to be done, and given the external factors affecting the negotiations, officials would not be drawn on how long that process may take – or indeed, what ultimately the outcome will be. These negotiators are clearly working hard to protect New Zealand’s interests as the negotiations edge closer to a conclusion. They’ve committed to keep us in the loop from here, as indeed they have been pretty good so far.

We appreciate the chance to engage with our negotiators on these matters.

Industry groups represented in these discussions:

• New Zealand Technology Industry Association
• InternetNZ
• Institute of IT Professionals
• NZRise
• Tuanz
• New Zealand Health IT