The Research Of TPP Provisions On Technological Protection Measures

Legislation of TPMs, showing the interests of U.S. and the balance among the TPP parties, is one of the most important parts in TPP. United States, Canada, Malaysia, Chile, Vietnam etc. have proposed some different opinions on the standard of “effective”, the applicable scope and the type of the TPMs, the subjective conditions of the anti-circumvention, the forbiden scope, the criminal obligation and the exemption system. These opinions represent different interests and stem from the domestic TPMs legal system of the parties. China isn't the party of TPP, but it can be influenced by the Legislation of TPMs of TPP, such as the effectiveness standard of the technical measures, the subjective conditions, the scope of the anti-circumvention(especially independent cause of action) and the system of exceptions and limitations, etc. So we should take some effective measures to respond: setting an appropriate legislative purpose, adding the criterion of the TPMs, expanding the scope of the exemption, developping the economy, etc.