The October 2010 version of the ACTA text is inconsistent with several areas of U.S. law, and proposals for new laws in the areas of the reform of patent damages and access to orphaned copyrighted works. In particular, the obligations in the ACTA text do not incorporate many of the areas of limitations and exceptions to remedies found in U.S. law, and in the statutes of some other countries.
Access to Orphan Works, and ACTA provisions on damages
KEI Policy Brief 2010: 1
20 October 2010
Copyright is a term that in the United States describes the laws that regulate the use and distribution of “original works of authorship.” The types of activities and expressions protected by copyright have expanded over the years, particularly due to technology, but also due to the lobbying by various interested parties. The current systems of registration of copyrighted works in the United includes the following catagories:
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| Senators Bernie Sanders and Sherrod Brown |
On October 19, 2010, Senators Bernard Sanders (I-VT) and Sherrod Brown (D-OH) have written to David Kappos, the Director of the USPTO, asking for an assessment of conflicts between the October 2010 ACTA text, and U.S. law. Continue Reading
(This timeline is part of a larger project at KEI regarding an evaluation of the 1971 Appendix to the Berne Convention on “SPECIAL PROVISIONS REGARDING DEVELOPING COUNTRIES.) In 1970, Charles F. Johnson wrote “The Origins of the Stockholm Protocol, 18… Continue Reading
Text: 1967 Stockholm Revision of the Berne Convention Protocol Regarding Developing Countries (This html text may contain from errors from an OCR scan. Official copies of the text and a meeting report are also attached at the end of this… Continue Reading
Noting the ACTA is being negotiated as an “executive agreement” because “it is not intended to impact U.S. law, but that “some experts outside of government are raising concerns that the ACTA text is contrary to U.S. law and its application or would present a barrier to changes in U.S. Continue Reading
Notes on the October 7, 2010 USTR NGO briefing on ACTA
By Judit Rius Sanjuan & Anne Mira Guha
Today, USTR held a nearly 2-hour public briefing on the new version of the ACTA text. USTR representatives present included Stan McCoy, Kira Alvarez, and Rachel Bae. Stan and Kira did most of the talking at the meeting.
The October 2, 2010 version of the ACTA text is now available. A copy is here.
See also: Areas where the Oct 2, 2010 ACTA text is inconsistent with U.S. law
(revised 10:17 am, October 7, 2010)
Today, the Mexican Senate approved unanimously a resolution urging the President to suspend the ACTA negotiations based on public interest concerns.