Knowledge Ecology International

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.

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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

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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 →

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.”

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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. 20500

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When I first heard David Mann representing the World Blind Union at the information session of November 2003 SCCR, call for the “creation of international agreements which would allow the unhindered transfer of accessible material created in one country to blind and partially sighted people in another country”, I did not know that this issue had been the subject of a WIPO/UNESCO report in 1983, which had then proposed Model Provisions Concer Continue Reading →

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:

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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)

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On April 23, 2010 and May 27-28, 2010, WIPO will hold open-ended consultations on copyright limitations and exceptions for persons with print disabilities and on the protection of audiovisual performances as mandated by the conclusions of the 19th session of the WIPO Standing Committee on Copyright and Related Rights (SCCR).

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