Month: March 2010

KEI has access to a recent draft of ACTA. Chapter One, Section B of the agreement provides for “General Definitions.” It is interesting that the term “counterfeits” does not have a general definition. The ten defined terms include:

• days
• intellectual property (See below)
• Council (ACTA Oversight Council)
• measure
• person (natural or juridical)
• right owner (includes federation or assicaitons that have legal standing or authoirty to assert rights)

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On April 23, 2010 and May 27-28, 2010, WIPO will hold open-ended consultations on copyright limitations and exceptions for persons with print disabilities and on the protection of audiovisual performances as mandated by the conclusions of the 19th session of the WIPO Standing Committee on Copyright and Related Rights (SCCR).

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The 8th round of the Anti Counterfeiting Trade Agreement (ACTA) negotiations is scheduled to take place in Wellington, New Zealand from April 12-16, 2010. The March 3 draft agenda obtained by KEI provides details of the program, venue and logistics, and also notes that:

New Zealand intends to hold a function for stakeholders and delegates on the evening of Tuesday 13 April from 18.00, which will be an opportunity for stakeholders to meet and interact with ACTA negotiators.

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KEI 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. Continue Reading →

(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:

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Below are asks from the 2010 PhRMA submission to the USTR Special 301 list on the topic of drug pricing and reimbursement decisions, and described as ‘Market Access Barriers.’ In its assertions, PhRMA attack countries for government price negotiations, making use of reference pricing, the insufficient involvement of pharmaceutical companies in setting government pricing policies and the composition of drug formularies, among other things.

CHINA

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See update at the end. ———-

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• 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.
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In 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:

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