Malaysia is among countries that strongly oppose the “hardline” stance of the United States in the Trans-Pacific Partnership Agreement (TPPA) negotiations, a leaked draft chapter from the TPPA talks reveals.

According to Wikileaks, which released the leaked chapter last night, this is as opposed to other countries like Australia, which is “cringingly obsequious” in backing Uncle Sam's negotiators.

“Australia is the nation most likely to support the hardline position of US negotiators against other countries, while states including Vietnam, Chile and Malaysia are more likely to be in opposition,” Wikileaks said in a statement.

NONECiting the leaked chapter, which is from the Aug 26-30 TPPA talks in Brunei, Wikileaks said the negotiations point to possible “far-reaching implications” on civil liberties and the Internet.

These include the revival of discussions on “surveillance and enforcement provisions”, which had been proposed but shelved in other treaties.

“The longest section of the chapter – Enforcement – is devoted to detailing new policing measures, with far-reaching implications for individual rights, civil liberties, publishers, Internet service providers and Internet privacy, as well as for the creative, intellectual, biological and environmental commons,” it said.

Among objections made by Malaysian negotiators under this chapter include:

  • US proposal for criminal procedures for those infringing trademark or copyright, even though they did not wilfully do so;
  • US proposal for judicial authorities to award damages triple the injury in the case of trademark infringement; and
  • US proposal to penalise copyright infringement even though there is no motivation of financial gain.


Malaysia also proposed limited liabilities for Internet service providers whose services were used to infringe copyright, but this is opposed by the US.

Protecting public health

Malaysia also took a strong stance on public health, opposing the US by insisting that governments be allowed to take measures to protect public health even if it contravenes TPPA clauses.

This includes protection of information relating to pharmaceutical products that can be used for “unfair commercial use” to protect the public's interest.

It also sought to protect native biological and genetic resources by proposing that the native countries have sovereignty and control of access, but this is opposed by the Australia, New Zealand, Singapore and Colombia.

Those opposing Malaysia's participation in the TPPA talks have accused Malaysia of trying to sell the nation to the US.

Malaysia has not set a deadline for negotiations and has assured that it will not sign on to things that do not benefit Malaysians. The US, however, aims to wrap up the agreement by the year-end.

The negotiations have been kept under wrap, but the government has had several dialogues with stakeholders.