Details of New Zealand meeting between ACTA negotiators and private sector stakeholders
Ben King of the New Zealand Ministry of Foreign Affairs and Trade has kindly provided some details of the April 13, 2010 meeting between ACTA negotiators and private sector stakeholders. The event is “by invitation only” but we are told it will include civil society groups. Inquiries about April 13 event can be forwarded to trademarks@med.govt.nz
——– Forwarded Message ——–
From: KING, Ben (WSH)
To: Jamie Love
Subject: From New Zealand Embassy
Date: 03/28/2010[UNCLASSIFIED]
Hi Jamie
KEI on leaked EU Canada trade agreement IPR Chapter
Michael Geist has leaked the lasted draft of the intellectual property chapter of the Canada – EU Comprehensive Economic Trade Agreement. These are some brief comments on the new document.
It applies to both parties.
When a very large trading partner negotiates with a smaller one, it is sometimes overlooked that the norms are designed to bind both parties. So the Canada/EU IPR agreement should be of interest to Canada and the 27 members of the European Union.NAFTA provisions on enforcement of intellectual property rights
In looking at how enforcement norms are being changed in ACTA, it is helpful to review the enforcement chapter of NAFTA.
Article 1714: Enforcement of Intellectual Property Rights: General Provisions
USTR asks that briefing on position on ACTA transparency be off the record
The January 2010 Guadalajara, Mexico, meeting on ACTA included an agenda item on transparency. I asked USTR if they could provide TACD with a briefing on transparency and other issues in the negotiation. The one hour briefing was held today. I can report nothing of what the USTR said at the meeting, other than they insisted it be off the record. TACD has asked for an on the record meeting, but that apparently will have to wait until after the New Zealand meetings are held the week of April 12. Continue Reading
The Carbon Dioxide Capture Technology Prize
Senators Barrasso, Bingam and Enzi have proposed a prize fund for “competitive technology financial awards for carbon dioxide capture from media in which the concentration of carbon dioxide is dilute.” This bill is is now being proposed as an amendment to an energy bill that might see some action this year. A few things to highlight.
- First, the prize requires that:
“an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States.”
The ACTA text, as a Wordle picture
1 Entertainment Industy letter to Obama on ACTA
Just in case anyone does not appreciate how difficult it will be to change the USTR direction on ACTA, note that today the USTR proudly put this letter on the USTR Blog:
http://www.ustr.gov/about-us/press-office/blog/2010/march/new-information-ustrgov/acta
(Maybe best to first skip down to see who signed it).
March 22, 2010
The Honorable Barack Obama
President of the United States
The White House
1600 Pennsylvania Avenue, NW
Washington, D.C. 20500Tie up with Pfizer in India a mistake, says USPTO
On March 5, 2010, KEI published documents received from a FOIA request, about a collaboration between the USPTO and Pfizer to hold workshops in India. On March 11, the USPTO responded with a statement of regret concerning the collaboration, which it termed a mistake.
The Business Standard of India has written an article about the USPTO/Pfizer collaboration here:
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
