US Congress is not bound by ACTA, according to White House answers to Senate Finance on ACTA and TPP negotiations

Ambassador Ron Kirk holds the office of United States Trade Representative (USTR) in the White House. On March 9, 2011, he testified before the US Senate Finance Committee on the 2011 Trade Agenda. Several members of the Committee provided follow up questions, and Ambassador Kirk has answered them. A full copy of the responses are available here:

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15 April European Union proposal: 3 to 5 year delay in negotiations on a copyright treaty for blind persons

Attached is a PDF of the proposal by the European Union that was presented at the April 15, 2011 informals in Geneva, held at the US Embassy. The European Union now proposes that WIPO adopt a soft non-binding recommendation on cross border sharing of accessible works, and then monitor progress on the issue for 3 to 5 years. Continue Reading

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US provides misleading answer to WIPO questionnaire on export of accessible works under US law

Although domestic law in the US provides for certain exceptions and limitations from infringement of copyright for the production of accessible works for the visually impaired, as well as importation and exportation of these materials, the law is ambiguous and insufficient in allowing non-profit entities or government agencies to export these works.

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Federal Circuit hears oral arguments on patent eligibility of DNA claims

On Monday, April 4, 2011, a panel of three Federal Circuit judges heard oral arguments about the patentability of the BRCA 1/2 gene claims in American Molecular Pathology, et. al, v. U.S. Patent and Trademark Office, et. al.. The panel included Judge Lourie, Judge Bryson and Judge Moore. Gregory Castanias from Jones Day argued for Myriad’s position, defending the DNA claims while Chris Hansen of the ACLU argued against the patentability of the claims. The U.S. Continue Reading

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Undermining the copyright exceptions for the blind

The WIPO “Stakeholder Platform,” an endeavor by rightholder organizations that came about in response to the proposal of the World Blind Union Treaty, seeks to engage in voluntary agreements and licensing deals to make works accessible to the visually impaired. Although the “Stakeholder Platform” appears to be a positive measure on its face, these voluntary agreements may actually impair, rather enhance, the ability of the blind to gain access to books and other works. Continue Reading

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