The following is the text that was prepared in 2005 as a
possible basis for a treaty on Access to Knowledge. The text
was prepared in response to an August 2004 proposal by Argentina
and Brazil for a WIPO Development Agenda, that included in its
original proposal, a possible treaty on access to knowledge. The
process that created this specific draft text included three
elements.
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.
Section IV of Part III of the TRIPS Agreement impose certain obligations to WTO Member States relating to border measures that may require custom authorities interventions in cases of importation of infringing goods. However, as the rest of Part III it also allows considerable flexibility to WTO Members States in implementing its obligations.
Written by Judit Rius Sanjuan
The most important international intellectual property agreement regulating remedies for intellectual property infringement is the 1994 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement).
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:
Written by James Love
Thursday, 26 June 2008
These are the substantive suggestions for provisions of the ACTA that the RIAA sent to the USTR on March 17, 2008.