Sneaky Change to the TPP Drastically Extends Criminal Penalties by Jeremy Malcolm.
From the post:
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What does this surreptitious change from “paragraph” to “subparagraph” mean? Well, in its original form the provision exempted a country from making available any of the criminal procedures and penalties listed above, except in circumstances where there was an impact on the copyright holder’s ability to exploit their work in the market.In its revised form, the only criminal provision that a country is exempted from applying in those circumstances is the one to which the footnote is attached—namely, the ex officio action provision. Which means, under this amendment, all of the other criminal procedures and penalties must be available even if the infringement has absolutely no impact on the right holder’s ability to exploit their work in the market. The only enforcement provision that countries have the flexibility to withhold in such cases is the authority of state officials to take legal action into their own hands.
Sneaky, huh?
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The United States Trade Representative (USTR) isn’t representing your interests or mine in the drafting of the TPP.
If you had any doubt in that regard, Jeremy’s post on this change and others should remove all doubt in that regard.