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WIPO asked to create new treaty on the resale right (droit de suite) for works of art

Posted on December 16, 2013 by Manon Ress

A new campaign (see www.resale-right.org) started today with an elegant lunch provided by the European Visual Artisits (EVA) representing the demandeurs of a brand new global right, the resale right (droit de Suite). It was followed by a panel of visual artists and their representative among them a very articulate DG of ADGO (Societe des auteurs dans les arts graphiques et plastiques), Marie-Anne Ferry-Fall.
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KEI Statement at WIPO SCCR 26 December 16, 2013 re the Casting Treaty

Posted on December 16, 2013 by Manon Ress

The Monday morning session of SCCR 26 went very fast. The agenda was approved in few minutes. Two days will be about the broadcasting treaty, two days will be about libraries and archives and one day on education. 6 side events: artists resale, authors forum launch, authorized entities, IP and video games study, Libraries and archives and Museum and IP, WIPO guide. Continue Reading →

Japan wants Webcasting back into the Casting Treaty: What happened to Broadcasting in the “Traditional” Sense?

Posted on December 10, 2013 by Thiru

In preparation for WIPO’s upcoming Standing Committee on Copyright and Related Rights (SCCR) discussions (16 December 2013 to 20 December 2013) on a proposed Treaty for the Protection of Broadcasting Organizations, the Government of Japan submitted a new proposal, SCCR/26/6 (Draft Treaty on the Protection of Broadcasting Organizations) on 28 November 2013 to be consolidated with the main negotiating text, SCCR/24/10 Corr. Continue Reading →

Joe Stiglitz writes open letter to TPP negotiators

Posted on December 7, 2013 by James Love

Professor Joseph Stiglitz has written an open letter to the TPP negotiators, asking that they resist proposals to weaken consumer rights in intellectual property. The letter identifies 12 specific “grave risks” in the IP Chapter, and calls upon negotiators to publish the investor state dispute resolution text.

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Areas where USTR has shown some flexibility on the TPP IPR Chapter

Posted on December 6, 2013 by James Love

USTR recently asked KEI if there were areas in the IP Chapter where we approved of the positions taken by USTR, and the answer is, yes. Given how critical we have been about the text, I will mention a few here.

USTR now “supports a more flexible approach under which partners could retain reasonable patent pre-grant opposition procedures.” This is welcome, and useful.

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USTR FOIA, 127 pages of emails between industry and USTR TPP negotiators

Posted on November 27, 2013 by James Love

Earlier this year, IP-Watch submitted two FOIA requests to USTR about the TPP negotiation. I am attaching two letters from USTR to IP-Watch about the FOIAs, and a file with 127 pages of emails between USTR and various industry lobbyists. (USTR provided KEI with copies of the files provdied to IP-Watch as part a separate KEI FOIA to USTR regarding communications involving the TPP).

A lot has clearly been withheld by USTR. According to USTR’s June 19, 2013 letter to IP-Watch

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TPP provisions on Injunctions, are the TRIPS exceptions in or out?

Posted on November 21, 2013 by James Love

Introduction

This note looks at the TPP, ACTA and TRIPS provisions on injunctions, and finds the TPP text unclear, as regards the possibility of exceptions to the obligation to make injunctions available in cases in of infringements. We have asked USTR and USPTO to clarify this issue.

Discussion

The TRIPS text on injunctions reads as follows:

Section 2: civil and administrative procedures and remedies
Article 44 – Injunctions.

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Leaked TPP Text Versus the USPTO Green Paper: Cell Phone Unlocking

Posted on November 20, 2013 by Krista Cox

The USPTO’s green paper on “Copyright Policy, Creativity and Innovation in the Digital Economy” surveys current copyright law and notes that there are several areas where reform may be welcome. In many of these areas, the USPTO green paper demonstrates an openness to discussion on these issues or support existing efforts and proposals. Despite this support in some areas for reform and despite the USPTO’s involvement in the Trans-Pacific Partnership (TPP) negotiating process, there are several areas where the United States’ position in the TPP could hinder such reform. Continue Reading →