Enforcement

The ACTA Leak is useful, but there are still plenty of secrets

This is a note about the leaked ACTA documents, that have been reported now by several news organizations and bloggers.*

On September 30, 2009, the EU wrote a three page memo on the Internet chapter of ACTA. This is about a week after the USTR held a secret meeting with selected corporate lobbyists and lawyers to debate the ACTA Internet under terms of a tough non-disclosure agreement.

USTR's system of NDAs to provide private sector access to ACTA position

USTR has a system I was not that familiar with. For documents the public can't see, USTR provides access under an NDA to private sector "experts" they want to consult. On Friday I was told by USTR:

"We've consulted with an array of experts from various IP and tech industries and associations and NGOs in the process of deliberation regarding a US proposal on one section of the agreement."

World Customs Organization (WCO)

Thursday, 26 June 2008

The World Customs Organization (WCO) is an intergovernmental organization headquartered in Brussels, Belgium, that develops rules on customs procedures, provides technical assistance to Member States, classifies goods for the application of tariffs, and drafts standards and holds conferences to strengthen IPR enforcement.

S.E.C.U.R.E.

Border & Customs Regulations

Section IV of Part III of the TRIPS Agreement impose certain obligations to WTO Member States relating to border measures that may require custom authorities interventions in cases of importation of infringing goods. However, as the rest of Part III it also allows considerable flexibility to WTO Members States in implementing its obligations.

Notes on Remedies for Orphan Works

Orphan Works are copyrighted works whose owners may be impossible to identify and locate. Undertanding the access and dissemination problems that these kind of works impose to society, Governments have began to explore ways to address the issue. 

Canada

Canada was created a system of compulsory licensing of works, with fees paid to the government, in return for use of the orphaned works.

TRIPS Provisions on Enforcement

Written by Judit Rius Sanjuan

The most important international intellectual property agreement regulating remedies for intellectual property infringement is the 1994 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). 

PhRMA comments to USTR on ACTA

Written by James Love
Wednesday, 09 July 2008

PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA (PhRMA) ANTI-COUNTERFETING TRADE AGREEMENT (ACTA) COMMENTS 

March 21, 2008

RIAA Suggestions for content of ACTA

Written by James Love
Thursday, 26 June 2008

 These are the substantive suggestions for provisions of the ACTA that the RIAA sent to the USTR on March 17, 2008.

The Anti-Counterfeiting Trade Agreement (ACTA)

The governments of the United States, the European Commission, Japan, Switzerland, Australia, New Zealand, South Korea, Canada, and Mexico are negotiating a trade agreement named the Anti-Counterfeiting Trade Agrement (ACTA).  Despite the name, the agreement is designed to address not only counterfeiting, but a wide range of intellectual property enforcement issues.

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