lunes, 9 de diciembre de 2013

Transpacific Agreement of Association

National Reflective the interests of the industry and users of Internet Transpacific agreement of Association (TPP) By: Carlos Damian November 19, 2013 The effective use of the wide band Mexico. - The posture of Mexico in the negotiation has more than enough intellectual property in the Transpacific Agreement of Association (TPP) reflective the interests of the industry and the internet users, and it is false that it seeks to force the rights to the information and the privacy of the Mexicans citizen, Ildefonso Guajardo Villarreal (IGV) said, secretary of Economy. On the rights of the newspaper (La Jornada), when referring to the chapter of property that Wikileaks trusted in Mexico. He specified in the negotiation about the energy sector in the TPP, Mexico will give the same treatment that when it negotiated the Treaty of Free Trade of America of the North (NAFTA). "NAFTA was signed 20 years ago” and, it has not changed anything, everything continues equally. "If we reply the energy treatment in the TPP we will be preserving the status quo that was achieved two decades ago. Before the critic that the Mexican government has not made a consultation wide about the protection of copyrights in the TPP, and the pretense that they are the own suppliers of services of Internet (PSI) those that act as inspectors, of contents. Really in the negotiation tables it is reflected the interests from the actors to those that it has been consulted and that they head the industry, the academy, to the main representatives of users of Internet and of the creators in WebPages. It use effective of the wide band However, he explained, “the consultations cannot be atomized because then the countries would not advance in their process of global integration". “Mexico is one of the countries where the consultation process to organizations has been wider and detailed” and the integration to the TPP is not a facto matter but a negotiation process. Among those summoned, the Universities of Nuevo Leon, Jalisco and Yucatan are. "He adds that in the chapter of intellectual property there are 120 brackets on topics in those that there is not agreement, because this section is far from being concluded in the face of the diversity of postures. He remarked that the Mexican government is the one in charge of the negotiation, but once you conclude, it will be the Senate the one that ratifies or reject the agreement". It is also “completely false” that the TPP seeks to violate the rights to the information. "Here it is not in any term the vulnerability of the privacy of the information and in most of the terms of the negotiation the position is in general to respect the legal picture of the nations." About Wikileaks one can say that it “is a means to position things in a way notorious, and attractive communication. However it doesn't reflect in anything the position of the table of negotiations". About the proposal that they are the suppliers of Internet’s services who take charge of to investigate the contents that are gone up to their nets and to lower those that violate the rights of intellectual property. "What we can clarify with certainty is that there is a minimum of three postures in the topic and the process is in that. Some countries have a restrictive position, others don't favor that and in that way we are in the negotiation. It is necessary to go processing the differences to reach an agreement and that topic has not closed there is not agreement". When insisting him on the concrete posture of Mexico before the pretense of giving a paper of inspectors to the suppliers of services of Internet the executive of Economy he abstained from giving details. It is pointed out that among the proposals of some of the 12 negotiating countries is sought to create a panel to which the PSI that didn't fulfill the petition of the authors of taking out of their net the contents that violate the intellectual property would be taken. The approach with creative industry and users of Internet requires of to evaluate its necessities and to achieve a balanced positioning for not to impede neither to force the rights to the access to the culture and the own Internet. Therefore one can say that with certain moderation it is necessary to make sure that the creators and the authors are not harmed the possibility of benefit by their creation; then it should have a delicate balance when hearing all the actors of the Mexican society. He also added the federal official that in the table of the TPP, the position of Mexico is defined with a series of national objectives, for what is erroneous to say that it goes against the reformation to telecommunications. "The elements that we take to establish the posture are, among other, how to use the wide band indeed, how to reduce the access from people to that band respective and how to improve the productivity of the country." Mexican experts have not been consulted Specialists in telecommunications pointed out those countries of the European Union (EU) they have refused to sign similar agreements to that of the TPP, because it is not clear the treatment that is sought to give to the Internet, the performance of the PSI and those nations have been more aware of the affectations to the users. Although IGV assures that a wide consultation has been made about the topic, the experts said that they have not been summoned. They assured that you cannot seek that they are the PSI they are those that act as policemen of the net, because it is the government's function that it also takes a serious violation risk to the right to the privacy and that they would classify the internet’s men like criminals, “All of us will be violators". they alerted that it is inadmissible that in a country like Mexico, where less than half of the population it has access to Internet, be sought to make a lack of connection of digital citizens and with it is hindered it to the economic development of the country. The director of the Department of Communication of the ITESM, Fernando Gutierrez, said that it is legitimate the interest to defend the rights of the authors, but the form in that it thinks about in the chapter of intellectual property of the TPP is not the correct one, as neither it was it in the Commercial Agreement against the Falsification (ACTA, initials in Spanish), their previously signed antecedent, for the Mexican diplomacy in spite in the country there were many sectors that showed in against, for what is detained in the Senate. The academic said that the negotiations in the Transpacific Agreement of Association are “another possibility that the societies of authors' collective administration, composers and representatives of related rights are looking for to protect theirs material or to have some benefit of what happens in this digital environment that is very profitable". He noticed that where it has been to impose that they are the suppliers of services of Internet, the PSI, those that watch over the contents, have not worked because it represents a serious risk to the privacy. In the case of Mexico, he remarked, the own operators have expressed the government that they are not willing to make the considerable necessary investments to install teams of material detection that violate copyrights. On the other hand, Fernando Gutierrez said that countries like France, and Germany, among others, they have refused to sign that type of agreements because they have been aware of the collateral impacts. It highlighted that in Mexico there are already protection mechanisms to the copyrights whose work is used in hotels, discotheques and restaurants. The director of consultancies, The Competitive Intelligence Unit (The-CIU), Ernesto Piedras, said that he has not been consulted about the intellectual property in the TPP, neither as consultant, academic or as specialist in royalties. "It is negotiating in a scenario obscurantist". (La Jornada, economia, p.p. 3-5, November 15, 2013).

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