TPP final negotiated text – IP chapter
"Article QQ.H.7: {Criminal Procedures and Penalties}"<p>"Each Party shall provide for <i>criminal procedures</i> and penalties to be applied at least
in cases of willful trademark counterfeiting or copyright or related rights piracy on a
commercial scale. In respect of willful copyright or related rights piracy, “on a commercial
scale” includes at least:"<p>"(b) significant acts, <i>not carried out for commercial advantage or financial gain,</i>
that have a substantial prejudicial impact on the interests of the copyright or
related rights owner in relation to the marketplace 135,136."<p>"135 It is understood that a Party may comply with subparagraph (b) by addressing such significant acts under
its <i>criminal procedures and penalties for non-authorized uses of protected works, performances and
phonograms</i>" (All emphasis Ed.) "in its domestic law."<p>Does it mean the law is going to be:<p>Sing a song on the birthday party, don't pay the copyright => you are a <i>criminal</i>?<p>What are actually the "significant acts, not carried out for commercial advantage or financial gain,
that have a substantial prejudicial impact on the interests of the copyright or
related rights owner in relation to the marketplace"?