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From: James Love
To: Michele Woods
Cc: Nancy Weiss
Subject: Some examples of US inconsistency with ACTA
Date: Fri, 12 Nov 2010 07:29:09 -0500

This note cites several areas where US law is plainly inconsistent with
ACTA.

In addition, in a separate analysis,I have called attention to proposed
legislation in USA on orphan copyrighted works that are very
inconsistent with ACTA provisions on remedies.
https://www.keionline.org/node/980

Some examples of inconsistencies between ACTA and US law

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On Wednesday, 27 October 2010, the WTO TRIPS Council held its annual review of the Paragraph 6 System. IP-Watch has a link to the detailed program of the annual review. This annual review of the Paragraph 6 system lasted till around 8 PM Geneva time. More details of this closed door meeting will be provided in due course. Continue Reading →

Michèle Rivasi, a Member of the European Parliament, representing South East France for The Greens, has asked the European Commission: “Given the possible impacts of the inclusion of patents the agreement on access to medicines and on innovation, would the Commission consider accepting the exclusion of patents from the agreement as proposed by a number of ACTA negotiating parties?” The full text of her question follows:

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As David Hammerstein of TACD has also blogged about here, Françoise Castex, a French Socialist MEP, has submitted this priority question about ACTA to the European Commission, asking the Commission to respond to the assertions by the USTR that ACTA wo Continue Reading →

(A PDF version of this is available here.)

Knowledge Ecology International

October 25, 2010

Letter to the European Parliament regarding ACTA

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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.

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Access to Orphan Works, and ACTA provisions on damages
KEI Policy Brief 2010: 1
20 October 2010

Introduction

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 →

SCP 15
General Statement of Knowledge Ecology International
12 October 2010