James Love's blog
The European Generics Association has written to the European Parliament asking that patents be removed from the Anti-Counterfeiting Agreement. A PDF copy of their letter is here. The text in html follows:
MEP Mr. Gianluca Susta
1049 Bruxelles- Belgium
Brussels, 5th of November 2010
Ref. EGA comments to the consolidated text on ACTA that reflects changes made during the
September 2010 Tokyo round1.
Dear Mr. Susta,
This was originally published in the Huffington Post here.
Use of Article 1.1 of the TRIPS in the US/China WTO dispute over the enforcement of intellectual property rights
USTR claims that Article 1.2.1 of ACTA provides the flexibility to overlook inconsistencies between US law and ACTA. Below is the text from both Article 1.2.1 of ACTA, and Article 1.1 of TRIPS:
ACTA ARTICLE 1.2: NATURE AND SCOPE OF OBLIGATIONS
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:
Françoise Castex, French Socialist MEP, asks about USTR assertions that ACTA does not require changes in US lawSubmitted by James Love on 25. October 2010 - 12:50
(A PDF version of this is available here.)
Knowledge Ecology International
October 25, 2010
Letter to the European Parliament regarding ACTA
USTR's implausible claim that ACTA Article 1.2 is an all purpose loophole, and the ramifications if trueSubmitted by James Love on 22. October 2010 - 14:23
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.
48th Series of Meetings of the World Intellectual Property Organization’s General Assemblies
Statement by H.E. Archbishop Silvano M. Tomasi, Permanent Representative of the Holy See to the United Nations and Other International Organizations in Geneva
at the 48th Series of Meetings of the World Intellectual Property Organization’s General Assemblies
Geneva, 21 September 2010
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:
|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.
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.
The following is a summary of S. 3921, 111th Congress, the Ethical Pathway Act of 2010, provided by the Office of Senator Sanders, plus an attachment of Article 20 and 21 f the Declaration of Helsinki on Ethical Principles for Medical Research Involving Human Subjects.
The October 2, 2010 version of the ACTA text is now available. A copy is here.
(revised 10:17 am, October 7, 2010)