https://wikileaks.org/tpp/pressrelease.html

Secret Trans-Pacific Partnership Agreement (TPP)

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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. Both pacts exclude China.

Since the beginning of the TPP negotiations, the process of drafting and 
negotiating the treaty’s chapters has been shrouded in an unprecedented level 
of secrecy. Access to drafts of the TPP chapters is shielded from the general 
public. Members of the US Congress are only able to view selected portions of 
treaty-related documents in highly restrictive conditions and under strict 
supervision. It has been previously revealed that only three individuals in 
each TPP nation have access to the full text of the agreement, while 600 ’trade 
advisers’ – lobbyists guarding the interests of large US corporations such as 
Chevron, Halliburton, Monsanto and Walmart – are granted privileged access to 
crucial sections of the treaty text.

The TPP negotiations are currently at a critical stage. The Obama 
administration is preparing to fast-track the TPP treaty in a manner that will 
prevent the US Congress from discussing or amending any parts of the treaty. 
Numerous TPP heads of state and senior government figures, including President 
Obama, have declared their intention to sign and ratify the TPP before the end 
of 2013.

WikiLeaks’ Editor-in-Chief Julian Assange stated: “The US administration is 
aggressively pushing the TPP through the US legislative process on the sly.” 
The advanced draft of the Intellectual Property Rights Chapter, published by 
WikiLeaks on 13 November 2013, provides the public with the fullest opportunity 
so far to familiarise themselves with the details and implications of the TPP.

The 95-page, 30,000-word IP Chapter lays out provisions for instituting a 
far-reaching, transnational legal and enforcement regime, modifying or 
replacing existing laws in TPP member states. The Chapter’s subsections include 
agreements relating to patents (who may produce goods or drugs), copyright (who 
may transmit information), trademarks (who may describe information or goods as 
authentic) and industrial design.

The longest section of the Chapter – ’Enforcement’ – is devoted to detailing 
new policing measures, with far-reaching implications for individual rights, 
civil liberties, publishers, internet service providers and internet privacy, 
as well as for the creative, intellectual, biological and environmental 
commons. Particular measures proposed include supranational litigation 
tribunals to which sovereign national courts are expected to defer, but which 
have no human rights safeguards. The TPP IP Chapter states that these courts 
can conduct hearings with secret evidence. The IP Chapter also replicates many 
of the surveillance and enforcement provisions from the shelved SOPA and ACTA 
treaties.

The consolidated text obtained by WikiLeaks after the 26-30 August 2013 TPP 
meeting in Brunei – unlike any other TPP-related documents previously released 
to the public – contains annotations detailing each country’s positions on the 
issues under negotiation. Julian Assange emphasises that a “cringingly 
obsequious” Australia is the nation most likely to support the hardline 
position of US negotiators against other countries, while states including 
Vietnam, Chile and Malaysia are more likely to be in opposition. Numerous key 
Pacific Rim and nearby nations – including Argentina, Ecuador, Colombia, South 
Korea, Indonesia, the Philippines and, most significantly, Russia and China – 
have not been involved in the drafting of the treaty.

In the words of WikiLeaks’ Editor-in-Chief Julian Assange, “If instituted, the 
TPP’s IP regime would trample over individual rights and free expression, as 
well as ride roughshod over the intellectual and creative commons. If you read, 
write, publish, think, listen, dance, sing or invent; if you farm or consume 
food; if you’re ill now or might one day be ill, the TPP has you in its 
crosshairs.”

Current TPP negotiation member states are the United States, Japan, Mexico, 
Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and 
Brunei.

Read the full secret TPP treaty IP chapter here
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