ACTA
ACTA: the new institution
Submitted by James Love on 18. March 2010 - 11:06KEI has access to yet undisclosed sections of the negotiating ACTA text. The text is organized in 6 chapters. The longest is Chapter 2 on "legal framework for enforcement of intellectual property rights." The second longest is Chapter 5, on "Institutional Arrangements." In ten pages of text, the ACTA negotiators have set out a plan to create a new institution to administer, implement and modify ACTA. ACTA is seen as playing an important role that will rival in some ways the WIPO or WTO.
The Oversight Committee
EU proposes ACTA require criminal sanctions for inciting, aiding and abetting infringements
Submitted by James Love on 17. March 2010 - 15:19(Updated March 17, 2010, 12pm).
KEI has learned that the European Union has proposed language in the ACTA negotiations to require criminal penalties for "inciting, aiding and abetting" certain offenses, including "at least in cases of willful trademark counterfeiting and copyright or related rights piracy on a commercial scale."
The EU proposal is reported on a recent (but still secret) version of the Anti-Counterfeiting Trade Agreement Consolidated Text, and reads as follows:
[EU: ARTICLE 1. OFFENCE/CRIMINAL INFRINGEMENTS
Day after European Parliament votes against ACTA, Obama expresses support
Submitted by James Love on 12. March 2010 - 14:00- March 10, 2010. In the Guardian: Ari Emanuel, the co-chief executive of William Morris Endeavor, the biggest Hollywood talent agency, was among several executives attending a meeting in Abu Dhabi, calling for governments to get tough on illegal downloading.
Emanuel, the brother of US presidential adviser Rahm, said the industry was talking to the US government in a bid to introduce a "three strikes and you're out" law to govern illegal downloading.
633 to 13, EU Parliament votes to make ACTA public, and more sensitive to civil liberties and consumer protection
Submitted by James Love on 10. March 2010 - 12:53In a stunning 633 to 13 vote, the EU Parliament voted for a resolution on ACTA that addresses a wide range of criticisms that civil society groups have made of the process and substance.
The KEI statement on the EU vote follows:
Senator Leahy, asleep at the switch on ACTA provisions on patent damages
Submitted by James Love on 5. March 2010 - 8:44On March 4, 2010, the Senate Judiciary Committee released its new "compromise bill" on patent reform. Senator Leahy described the objectives of the bill as follows:*
"we wanted to improve patent quality and the operations at the [Patent and Trademark Office], and address runaway damage awards that were harming innovation. We are close to a compromise that will address these issues."
KEI looks at USTR letter to Wyden, and conflicts between ACTA and patent reform
Submitted by James Love on 4. March 2010 - 12:48On January 6, 2010, Senator Ron Wyden sent a letter to the USTR asking a number of questions about the U.S. negotiating objectives in ACTA. On February 28, 2010, USTR responded. The USTR response focused mostly on the official U.S. "asks," rather than the state of the negotiating text, which also reflects also the views of other parties. For this reason, the USTR letter to Wyden only tells part of the story about what ACTA may do.
USTR responds to Senator Wyden's letter on ACTA
Submitted by Malini Aisola on 2. March 2010 - 17:01Ambassador Ron Kirk has issued a response to Senator Wyden's letter dated January 6, 2010. The official press release from Senator Wyden's office follows:
U.S. Senator Ron WydenFOR IMMEDIATE RELEASE CONTACT: Jennifer Hoelzer (Wyden): (202) 224-3789
March 2, 2010Wyden Gets Some Answers on ACTA Negotiations
USTR Responds on Range of Issues, including Internet Access and Drug Sales
KEI notes on the EU leak of the ACTA text
Submitted by James Love on 1. March 2010 - 15:26On 12 February 2010, the Council of the European Union distributed a table drawn up by the Commission Services, outlining the positions of various counties regarding civil enforcement and the special requirements relating to the Internet. A copy of this 44 page document was leaked on March 1, 2010, and is attached to this blog. A text version of the table is available from swpat.org.
Video of Google, DC January 11, 2010 debate on ACTA
Submitted by Staff on 13. January 2010 - 17:48
On January 11, 2010, the Washington office of Google hosted a deb
Senator Wyden's letter to the USTR on ACTA
Submitted by Malini Aisola on 7. January 2010 - 10:53Senator Wyden has written to the USTR posing 11 questions aiming to clarify the specific objectives of the Anti Counterfeiting Trade Agreement (ACTA). The next round of negotiations are scheduled to take place in Mexico during the week of January 25. The letter is available here.
