Part 1 of our notes on the August 25, 2010 version of the ACTA consolidated text, covering pages 1-9 of the text, are available here. These notes cover the remainder of August 25, 2010 ACTA text, from pages 10 to 29.
KEI has obtained a copy of the August 25, 2010 version of the ACTA consolidated negotiating text. This is Part 1 of our initial notes on the document.
(Part 2 is available here.)
(revised September 9, 2010)
The preamble in the August, 25, 2010 text includes 10 paragraphs, of which only 3 do not have brackets.
Draft
This is work in progress, and is part of a larger project on timelines. This particular timeline is unfinished, and may contain errors.
On Tuesday, August 17, 2010, USTR organized a lunch between ACTA negotiators and civil society NGOs. There was not much notice. We received our invite to the lunch last Thursday. Representatives from KEI, Public Citizen, Oxfam, Public Knowledge and the American University program on intellectual property attended the event.
Beginning in 1985, the United States government (USG) diplomatic and trade officials have engaged in wide ranging activities aimed at changing global norms for the protection of intellectual property rights, with a particular emphasis on the IPR protections for pharmaceutical products.
This note reports on U.S. Department of State cables sent in 1986 and 1987, that discussed the U.S. government efforts to change policies in Brazil on the intellectual property protection for pharmaceutical products. The cables have been obtained by KEI with a FOIA request.
The following is an August 10, 2010 letter written by Alberto Cerda Silva, a Research Associate of Knowledge Ecology International, to Felipe Calderón Hinojosa, Presidente Constitucional de los Estados Unidos Mexicanos, regarding the position of the Mexican government in the ACTA negotiations.
2 U.S.C. 170 – American Television and Radio Archives
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As mentioned in a previous piece entitled WIPO expert committee deliberates on road map to protect traditional cultural expressions, WIPO has convened an intersessional working group (IWG) comprised of experts from countries and observer organizations to examine draft provisions of a document prepared by the WIPO secretariat on ‘The Protection of Traditional Cultural Expressions/Expressions of Folklore: Revised Objectives and Principles‘. The IWG runs from July 19-23, 2010. Continue Reading
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.
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.