SCCR 21: Initial impressions from day 1

The 21st session of the WIPO Standing Committee on Copyright and Related Rights (SCCR) commenced its work at 10:33 AM on Monday, 8 November 2010.

This unusually quick start is perhaps indicative of Member States’ commitment to examine the three substantive agenda items up for consideration during this five day negotiation; these three issues include: 1) protection of broadcasting organizations, 2) protection of audiovisual performances and 3) limitations and exceptions.

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European generic drug companies ask EU Parliament to remove patents from ACTA

The European Generics Association has written to the European Parliament asking that patents be removed from the Anti-Counterfeiting Agreement. A PDF copy of their letter is here. The text in html follows:

MEP Mr. Gianluca Susta
INTA Committee
European Parliament
1049 Bruxelles- Belgium

Brussels, 5th of November 2010

Ref. EGA comments to the consolidated text on ACTA that reflects changes made during the

September 2010 Tokyo round1.

Dear Mr. Susta,

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ACTA: USTR’s talking points to WTO Council for TRIPS

The following statement is the oral intervention made by USTR at the WTO Council for TRIPS (October 2010) regarding ACTA.

Talking Points of the United States for TRIPS Council Meeting of October 26, 2010
Agenda Item P
ACTA

We would like to thank other delegations for their interest in the Anti-Counterfeiting Trade Agreement (ACTA).
Delegations will recall that the United States and other delegations have been interested in discussing the issue of IP enforcement at this Council for many years and so we’re pleased to have another discussion today.

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USTR positions in China WTO TRIPS dispute at odds with talking points on ACTA flexibility

Use of Article 1.1 of the TRIPS in the US/China WTO dispute over the enforcement of intellectual property rights

USTR claims that Article 1.2.1 of ACTA provides the flexibility to overlook inconsistencies between US law and ACTA. Below is the text from both Article 1.2.1 of ACTA, and Article 1.1 of TRIPS:

ACTA ARTICLE 1.2: NATURE AND SCOPE OF OBLIGATIONS
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KEI’s ACTA timeline

ACTA Timeline

2007

  • September 24 to October 3, 2007, WIPO General Assembly meets and approves the WIPO Development Agenda.
  • October 23, 2007. Joint announcement is made regarding the formal launch of negotiations on ACTA. The USTR announcement is here.

2008

USTR’s implausible claim that ACTA Article 1.2 is an all purpose loophole, and the ramifications if true

The October 2010 version of the ACTA text is inconsistent with several areas of U.S. law, and proposals for new laws in the areas of the reform of patent damages and access to orphaned copyrighted works. In particular, the obligations in the ACTA text do not incorporate many of the areas of limitations and exceptions to remedies found in U.S. law, and in the statutes of some other countries.

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Access to Orphan Works, and ACTA provisions on damages

Access to Orphan Works, and ACTA provisions on damages
KEI Policy Brief 2010: 1
20 October 2010

Introduction

Copyright is a term that in the United States describes the laws that regulate the use and distribution of “original works of authorship.” The types of activities and expressions protected by copyright have expanded over the years, particularly due to technology, but also due to the lobbying by various interested parties. The current systems of registration of copyrighted works in the United includes the following catagories:

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