The WIPO Broadcast Treaty Negotiations Begin

This week the WIPO Standing Committee is holding a meeting to consider a possible treaty for broadcasting organizations. KEI thought this treaty negotiation had been blocked by fundamental differences over the purposes and scope of the treaty in 2007, but in the past few years the US Copyright office asked to put the issue back on the SCCR agenda, and subsequently Francis Gurry and Ambassador Trevor Clarke from the WIPO Secretariat have pushed to reach a conclusion, and more recently South Africa, Mexico, Japan and some other countries are now quite active, in favor of a new treaty.

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WIPO treaty for the blind and Article F: Obligations concerning technological protection measures

In the final stretch towards the Marrakesh Diplomatic Conference to conclude a Treaty for the Blind, Visually Impaired and other Reading Disabled Persons (17 June 2013 to 28 June 2013), it is perhaps important to take note of one important area of divergence, namely, the language contained in Article F of the Draft Text of an International Instrument/Treaty on Limitations and Exceptions for Visually Impaired Persons/Persons with Print Disabilities (SCCR/25/2 REV) w Continue Reading

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More notes on the India EU FTA (BTIA)

Earlier KEI published sections of the the EU India Negotiating FTA/BTIA negotiating text dealing with enforcement, along with some commentary on Article 17-31: /node/1681.

On March 28, 2013, KEI obtained another document with Article 1-5,7-8,10-33 of the negotiating next. The new text is available at /node/1691

Krista Cox will be providing her impressions here: /node/1693

Here are KEI’s quick reactions to the text.


Among the provisions in the TRIPS which protect consumers are Article 7, 8 and 40.

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Negotiating Text, EU/India FTA (BTIA)

This is a copy of the negotiating text for the India-EU Broad-based Trade and Investment Agreement (BTIA), also referred to as the India/EU FTA. It does not include Article 6, which I assume concerns patents, or have any text for Article 9 on Geographical Indications. The text includes country positions. We are not certain of the date of this text. KEI has some commentary at /node/1692

Consolidated draft India-EU FTA (BTIA)

IPR chapter

Art. 1 – Definition [Agreed]

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Analysis of Kirtsaeng v. John Wiley & Sons (Parallel Importation Case); Supreme Court Applies International Exhaustion

Today, 19 March 2013, the Supreme Court released its opinion in Kirtsaeng v. John Wiley & Sons, a case involving the parallel importation of copyrighted works. The case involved the petitioner, Kirtsaeng, purchasing textbooks in Thailand then reselling them in the United States. The Second Circuit held in this case that the first sale doctrine did not apply to foreign made goods, applying national exhaustion principles. Continue Reading

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EU and US push WIPO negotiations against human rights, for restrictions on exceptions

WIPO is spending five days in a special session to work on the text for a treaty on copyright exceptions for persons who are blind or have other disabilities.

KEI has obtained a copy of the latest version as of Friday morning, which is attached below.

The first four days have been consumed with highly technical but important debates of the international rules for copyright exceptions. The US and the EU are demanding that all sorts of language be put into the treaty referring to a three step test to restrict the use of exceptions.

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