On Saturday, July 17, 2010, I said on twitter, “Apparently Luc Devigne is out as head #acta negotiator for EU.” There were a number of sources for this inside the European Union and also among other trade bodies or governments following or participating in the ACTA negotiations.
This was re-tweeted extensively, and resulted in various commentary and reporting on LucDevigne’s rule in ACTA, including speculation on the reasons for the change.
Article 2.3 of the July 1, 2010 version of the ACTA text provides for “Other Remedies” for infringement. The Japan, Switzerland and EU versions of the text appear to be overreaching, including for example by directly conflicting with explicit TRIPS provisions and provisions in the laws of ACTA negotiating countries, including several European Countries.
From 19-23 July 2010, WIPO has convened an Intersessional Working Group to examine a WIPO document on ‘Revised Provisions for the Protection of Traditional Cultural Expressions/Expressions of Folklore’ (WIPO/GRTKF/IC/17/4). Continue Reading
The July 1, 2010 ACTA text includes several provisions that would set global norms for damages, including most importantly, on pages 6 and 7, Article 2.2 on Damages. Also relevant are the provisions in Article 2.X on General Obligations with Respect to Enforcement, on page 5.
From the July 1, 2010 text of ACTA:
Article 2.X Injunctions1 ACTA briefing by De Gucht in the European Parliament
This week, the European Commission conducted two briefings for members of the European Parliament.
On Monday, July 12, members of the European Parliament’s INTA Committee (Committee on International Trade) were briefed by EU ACTA negotiators Luc Devigne and Pedro Valesco in a private, closed meeting.
Today, July 13, Karel De Gucht, EU Commissioner for Trade held a public briefing in the LIBE Committee (Committee on Civil Liberties, Justice and Home Affairs). The video is now available here
WIPO 1988 documents of the Committee of Experts on Measures Against Counterfeiting and Piracy
WIPO documents related to the April 25-28, 1988 session of the Committee of Experts on Measures Against Counterfeiting and Piracy are available here.
The consolidated file includes an agenda, a February 18 document on “Model Provisions for National Laws” (document C&P/CE/2), a February 18 memorandum on “Provisions in the Paris, Berne and Neighboring Rights Conventions” (document C&P/CE/3), and a report of the meeting that was adopted on April 28, 1988. Continue Reading
The July 23, 1990 Draft WTO text on TRADE IN COUNTERFEIT AND PIRATED GOODS
The July 23, 1990 draft of the TRIPS Agreement contained the following proposal to deal with trade in counterfeit and pirated goods.
PART IX: TRADE IN COUNTERFEIT AND PIRATED GOODS1. Preamble
MTN.GNG/NG11/W/76
Page 331B.1 Desirous of providing for adequate procedures and remedies to discourage international trade in counterfeit and
pirated goods while ensuring an unimpeded flow of trade in legitimate goods;China describes TRIPS Council proposal on ACTA and other plurilateral enforcement agreements.
At a June 28, 2010 Geneva workshop on the Anti-Counterfeiting Trade Agreement. Dr. Zhao Hong, from the Permanent Mission of the People’s Republic of China to the World Trade Organization, distributed a proposal that was prepared for the June 8-9, 2010 meeting of the WTO TRIPS Council:
Decisions to be takenDecision of the TRIPS Council on the Relationship between the TRIPS Agreement and Intellectual Property Provisions of bilateral, plurilteral Trade Agreeements
Members,
Canada’s intervention to SCCR 20: ‘International instrument on access to protected materials by persons with print disabilities’
The following intervention was delivered by John Gero, Canada’s Ambassador and Permanent Representative to the World Trade Organization (WTO) during SCCR 20. Ambassador Gero is currently serving as the Chair of the WTO General Council.
Intervention — International instrument on access to protected materials by persons with print disabilitiesThank you Mr. Chairman