James Love's blog
The October 2, 2010 version of the ACTA text is now available. A copy is here.
(revised 10:17 am, October 7, 2010)
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On December 19, 2007, the The Energy Independence and Security Act of 2007 was enacted as Public Law 110-140. The Act created two new innovation inducement prizes to stimulate innovation in the field of energy:
- The H-Prize, which is designed to advance the research, development, demonstration, and commercial application of hydrogen energy technologies.
- The Bright Tomorrow Lighting Prizes, which deal with energy efficient solid state lighting.
The following are excerpts from 42 USC 17231, enacted as part of the United States Energy Storage Competitiveness Act of 2007 (Pub. L. 110–140, DEC. 19, 2007) as part of a larger program of federal subsidies in the field of energy, the Congress has created a system of compulsory licenses of patents, designed specifically to:
Canada/EU draft agreement on Data Protection on Plant Protection Products and Rules on Avoidance of Duplicative TestingSubmitted by James Love on 30. September 2010 - 22:00
From the March 23, 2010 version of the leaked chapter on Intellectual Property in the proposed Canada - EU Comprehensive Economic Trade Agreement.
Marcy Kaptur's bill to create a compulsory license for patented seeds: the Seed Availability and Competition Act of 2009Submitted by James Love on 30. September 2010 - 14:42
Marcy Kaptur is a Democratic member of Congress from Ohio. In 2009 she introduced HR 3299, the Seed Availability and Competition Act of 2009.
The WIPO general Assembly is webcasting this year's General Assembly. This use of Internet technologies really shows how transparent global IPR negotiations can be, and should be. The contrast with ACTA, which is meeting now in secret in Japan, is jarring.
The photo below, taken on September 23, 2010, is from the Convention Center, where the meeting is being held. Earlier this week WIPO Agreed to built its own very large conference facility, which should be open in 2013.
USPTO to offer new incentives to license patents for humanitarian uses, based upon FDA priority review voucherSubmitted by James Love on 23. September 2010 - 4:52
The USPTO has a federal register notice out asking for public comment on a welcome new initiative, modeled after the FDA priority review voucher, to create incentives to license patents for humanitarian uses. The initiative is set out here: http://edocket.access.gpo.gov/2010/pdf/2010-23395.pdf.
Your tax dollars at work. Obama administration funding of pro-right holder NGO work on IPR protection, fy 2009Submitted by James Love on 13. September 2010 - 14:29
USPTO's $4 million of Congressionally Mandated Spending on intellectual property initiatives, for fy 2009
This is the USPTO list of grants for fy 2009. The $4 million in grants were used to influence global norms on IPR policy.
A new round of grants will go out soon for fy 2010, involving another $4 million of Congressionally Mandated Spending on Intellectual Property Initiatives (IPI).
ACTA is basically a re-write of Part III of the TRIPS, which is the part dealing with the enforcement of intellectual property rights. How do Part III of the TRIPS and ACTA compare in terms of the frequency of terms? Using the August 25, 2010 text, which includes in some cases duplication where there are competing versions of the text, the comparison now looks like this:
|Terms||Part III of TRIPS||ACTA|
In looking at the scope issues, it might be helpful to examine the 18 places where the August 25, 2010 version of the ACTA text uses the term, "at least."
ARTICLE 2.x: GENERAL OBLIGATIONS WITH RESPECT TO ENFORCEMENT
On October 14, 2009, KEI submitted a FOIA request to the USTR, which is available here, asking for the following records:
KEI requests all records at USTR on the topic of the policy and practice of USTR regard the transparency of trade negotiations, including but not limited to the Anti-Counterfeiting Trade Agreement (ACTA).
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.
The U.S. Department of Commerce has been given a high profile role in intellectual property policies in the Obama Administration. The Department is headed by Secretary of Commerce Gary Locke. Locke is the best known as the former two term governor of the State of Washington. After leaving the government, he has also been a lawyer and consultant, including to Microsoft. Here are a few data points on that relationship.
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.