RLI 285  21 RESEARCH LIBRARY ISSUES: A REPORT FROM ARL, CNI, AND SPARC 2015 Trans-Atlantic Trade and Investment Partnership The US has also started negotiating a trade agreement with the EU known as the Trans-Atlantic Trade and Investment Partnership (TTIP). Like the TPP, this agreement is expected to include a chapter on intellectual property. However, this chapter is not expected to be as comprehensive as its analog in the TPP and negotiators have stated that the TTIP will not create upwards harmonization of intellectual property rights. Both the US and the EU already have high levels of intellectual property protection and enforcement, though their systems differ in many respects. Currently, neither party has put forward text on the intellectual property chapter but, instead, the negotiators have discussed principles, objectives, and a framework for the chapter. It is expected, however, that the agreement will include a list of treaties that both parties must ratify or accede to. Although the Marrakesh Treaty has not yet been ratified, both the US and the EU—along with seven individual member states of the EU—are signatories and the inclusion of a reference to the Marrakesh Treaty in TTIP remains a possibility. Hopefully, any specific obligations that are proposed with respect to copyright in the TTIP reflect a balance and include limitations and exceptions. Endnotes 1 In many non-US jurisdictions, the rights of performers are considered “related rights” rather than copyrights. 2 For a detailed explanation of the provisions of the Marrakesh Treaty, see Jonathan Band, “A User Guide to the Marrakesh Treaty,” Library Copyright Alliance, October 10, 2013, http://www. librarycopyrightalliance.org/bm~doc/user-guide-marrakesh-treaty-1013final.pdf. 3 In the United States, the current set of statutes permitting the creation and distribution of accessible- format works indicates that US copyright law is already in compliance with the Marrakesh Treaty and would not require any changes. 4 Kenneth Crews, Study on Copyright Limitations and Exceptions for Libraries and Archives, WIPO SCCR/17/2, August 26, 2008, http://www.wipo.int/edocs/mdocs/copyright/en/sccr_17/sccr_17_2. pdf. 5 Several proposals have been merged and at the most recent SCCR meeting the proposed text by the African Group, Brazil, Uruguay, and India was consolidated into one document. 6 Some speculate that the EU fears that discussion of a non-binding instrument would evolve into negotiations over a binding one. 7 See, for example, Catherine Saez, “Hopes Dampened for Copyright Exceptions For Libraries/ Archives at WIPO,” Intellectual Property Watch, May 5, 2014, http://www.ip-watch. org/2014/05/05/hopes-dampened-for-copyright-exceptions-for-librariesarchives-at-wipo/ Catherine Saez, “WIPO Copyright Committee in Disarray Again Development Dimension Questioned,” Intellectual Property Watch, July 7, 2014, http://www.ip-watch.org/2014/07/07/
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