China describes TRIPS Council proposal on ACTA and other plurilateral enforcement agreements.
At a June 28, 2010 Geneva workshop on the Anti-Counterfeiting Trade Agreement. Dr. Zhao Hong, from the Permanent Mission of the People’s Republic of China to the World Trade Organization, distributed a proposal that was prepared for the June 8-9, 2010 meeting of the WTO TRIPS Council:
Decisions to be takenDecision of the TRIPS Council on the Relationship between the TRIPS Agreement and Intellectual Property Provisions of bilateral, plurilteral Trade Agreeements
Members,
Canada’s intervention to SCCR 20: ‘International instrument on access to protected materials by persons with print disabilities’
The following intervention was delivered by John Gero, Canada’s Ambassador and Permanent Representative to the World Trade Organization (WTO) during SCCR 20. Ambassador Gero is currently serving as the Chair of the WTO General Council.
Intervention — International instrument on access to protected materials by persons with print disabilitiesThank you Mr. Chairman
Geneva workshop on ACTA, June 28, 2010
On June 28, 2010, Knowledge Ecology International (KEI) and IQsensato are co-hosting a workshop on the Anti-Counterfeiting Trade Agreement (ACTA).
The Location of the meeting is the Maison des Associations, on Rue des Savoises 15, Geneva, in the Salle Gandhi.
Speakers
- Carlos Correa, University of Buenos Aires
- Erik Josefsson, Adviser, Greens/EFA-European Parliament
- James Love, Knowledge Ecology International (KEI)
KEI critical of Canada’s Bill C-32 provisions on export of accessible works for persons with disabilities
A new copyright bill in Canada includes extensive provisions about the export of accessible works for persons with a “print disability.” The good news is that they embrace a reasonably good definition of disabilities covered. It goes down hill from there.
1 How Much Time is Necessary to Negotiate the Text of a Multilateral Agreement on Intellectual Property?
There is a negotiation in the WIPO SCCR over the work program on copyright limitations and exceptions for persons with disabilities. Some countries favor a negotiation on a binding treaty. The US government is asking that the SCCR set aside work on the treaty, and focus instead on a non-binding recommendation to address a limited set of issues relating to the import and export of works created under an exception. The US government asserts that treaties would take a very long time to negotiate, ratify and implement. Continue Reading
Costs and Benefits of the US Proposal to WIPO SCCR on Copyright Exceptions for Disabilities
On May 27, 2010, the US government presented to the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights (SCCR), a proposal for a “Consensus Instrument” for persons with disabilities related to reading printed publications.
A new breed of intellectual property enforcement institution? ACTA Chapter Five
The Chapter FIVE (Institutional Arrangements) of ACTA is short. In less than 4 pages (pp 33-36) the negotiators “hereby establish” and “Oversight Steering Committee” (the OSC). Of course all of this chapter can be revisited later (see footnote 73) but let’s examine what is proposed now.
Federal judge in Myriad patent case says invalidation of gene patents does not violate TRIPS
In today’s court ruling in Association for Molecular Pathology, et al. v. USPTO, et al., Judge Robert Sweet rejected claims by Myriad that invaliding the patents would be an unconstitutional taking, or violate the WTO TRIPS Agreement. In discussing the TRIPS, Judge Sweet mentioned Article 8.1 and 27.3 of the TRIPS.
ACTA to cover seven catagories of intellectual property
KEI has access to a recent draft of ACTA. Chapter One, Section B of the agreement provides for “General Definitions.” It is interesting that the term “counterfeits” does not have a general definition. The ten defined terms include:
- days
- intellectual property (See below)
- Council (ACTA Oversight Council)
- measure
- person (natural or juridical)
- right owner (includes federation or assicaitons that have legal standing or authoirty to assert rights)
ACTA: the new institution
KEI has access to
yet undisclosedsections of the negotiating ACTA text. The text is organized in 6 chapters. The longest is Chapter 2 on “legal framework for enforcement of intellectual property rights.” The second longest is Chapter 5, on “Institutional Arrangements.” In ten pages of text, the ACTA negotiators have set out a plan to create a new institution to administer, implement and modify ACTA. Continue Reading