A strategic approach to the implementation of section J, chapter 18, Trans - Pacific Partnership Agreement on Internet

Abstract

Section J, Chapter 18 of the Trans-Pacific Partnership (TPP) Agreement on Internet Service Providers (ISP), with the objectives of providing copyright holders with effective legal remedies against online copyright infringement whereas properly limit the scope of liability of ISPs for copyright infringements committed through their platforms that they do not control, initiate or direct. The later objective is to be achieved via the so-called Safe Harbours for ISPs. To prepare Vietnam for the implementation of ISP provisions of the TPP Agreement, this paper shall provide: (i) a overview of the evolution of ISP liability regimes and Safe Harbours (ii) an examination of the legal, technological and economic foundations for the development of ISP liability regimes and statutory Safe Harbours; (ii) A comparative comparison among Vietnam’s current limitations on copyright liability of ISP with the Safe Harbor provisions in TPP Agreement; and (iii) recommendations on a strategic approach to the implementation of TPP’s Safe Harbor provisions.

Keywords

• tpp agreement
• copyright infringement
• isp
• copyright liability
• safe harbours