ACTA Provisions on Injunctions and Damages
KEI has issued a new research note, Comments on ACTA Provisions on Injunctions and Damages, KEI Research Note 2010:1, dated April 6, 2010.
KEI has issued a new research note, Comments on ACTA Provisions on Injunctions and Damages, KEI Research Note 2010:1, dated April 6, 2010.
Among the available remedies for intellectual property right infringement are injunctions or monetary relief. Especially in copyright and patent infringement cases, injunctions have been considered as the usual and de facto automatic remedy to prevent, deter or stop infringement. Injunctions may however also impose high costs on society.
The following are selected examples of U.S. law practices in the enforcement of intellectual property rights, with a particular emphasis on cases where there are limits on injunctive relief.
Copyright
In the Indian Copyright Act of 1957, there are limits on injunctive relief for cases involving architectural plans.
Copyright
Canada's copyright law contains limits to the ability for parties to obtain injunctive relief for architectural works:
The Obama Administration, with the support of a Democrat-controlled U.S. Congress, is insisting the Anti-Counterfeiting Trade Agreement (ACTA) negotiations be conducted in secret. We know, from documents obtained in Europe and the summaries released in April 2009, that the draft ACTA has sections that deal with both injunctions and damages. We don’t have the current text. Continue Reading
The decision to restart the ACTA negotiations makes it important to understand the nature and consequence of proposed agreement. Following a complaint about transparency, this note focuses on damages and injunctions.
KEI submitted comments to the National Institute of Standards and Technology (NIST) in response to the Request for Information regarding the “Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights” (88 FR 85593) concerning Bayh-Dole rights and the… Continue Reading
The USITC has issued a 497 page report on the WTO negotiations over TRIPS and COVID. https://www.usitc.gov/publications/332/pub5469.pdf The USITC release states: The U.S. International Trade Commission (USITC) today released a report about COVID-19 diagnostics and therapeutics and certain flexibilities under… Continue Reading
on Friday, 7 July 2023, Knowledge Ecology International (KEI) delivered its general statement at the Sixty-Fourth Series of Meetings Assemblies of the Member States of the World Intellectual Property Organization (WIPO). KEI general statement – WIPO General Assembly 2023 7… Continue Reading