James Love's blog

The October 2, 2010 version of the ACTA text

The October 2, 2010 version of the ACTA text is now available. A copy is here.

See also: Areas where the Oct 2, 2010 ACTA text is inconsistent with U.S. law

Quick look

(revised 10:17 am, October 7, 2010)

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The Energy Independence and Security Act of 2007 Innovation Inducement Prizes

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.

Compulsory licensing of patents under United States Energy Storage Competitiveness Act of 2007

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:

Marcy Kaptur's bill to create a compulsory license for patented seeds: the Seed Availability and Competition Act of 2009

Marcy Kaptur is a Democratic member of Congress from Ohio. In 2009 she introduced HR 3299, the Seed Availability and Competition Act of 2009.

WIPO General Assembly webcasts its meeting

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 voucher

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 2009

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 and Part III of TRIPS Compared by Frequency of Terms

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

The 18 uses of "at least" in the ACTA text

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."

Page 7

ARTICLE 2.x: GENERAL OBLIGATIONS WITH RESPECT TO ENFORCEMENT
2.X.2

USTR's February 10, 2009 memo on Transparency Soup

Background

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 2: Notes on the August 25, 2010 version of the ACTA consolidated text

Introduction

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.

Gary Locke and Microsoft

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.

Part 1: Notes on the August 25, 2010 version of the ACTA consolidated text

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)

Preamble

The preamble in the August, 25, 2010 text includes 10 paragraphs, of which only 3 do not have brackets.

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