More on the 3-step test in global copyright negotiations

This is an elaboration on the 3-step test in multilateral agreements. The 1996 WCT Copyright treaty has bad language on the 3-step test, but the WCT is not now part of the TRIPS agreement, and is only subject to dispute resolution via trade agreements outside of the WTO, like the TPPA.

If the WCT is referenced under the general provisions to the TPPA, you also get the 3-step test in the TPPA, subject, however, to the agreed upon statement regarding Article 10, which is helpful.

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Report of the WIPO Standing Committee on Copyright and Related Rights to the fiftieth session of the WIPO General Assembly

The fiftieth Series of Meetings of the Assemblies of the Member States of the World Intellectual Property Organization (WIPO) is meeting on Geneva from 1 October 2012 to 9 October 2012. Agenda item 26 is the “Report on the Work of the Standing Committee on Copyright and Related Rights (SCCR)” which according to the provisional agenda, is scheduled for discussion on Thursday, 4 October 2012. Continue Reading

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ISP sources defend USTR proposals in TPP on copyright limitations: undermine opposition to USTR proposal

A story today by Adam Behsudi in the trade publication, Inside U.S. Trade, quotes from ISP industry sources who basically defend the USTR position, which is the worst among the TPP negotiating countries. Taken as a whole, we read the ISP positions as both weak and incredibly damaging, as they are undercutting real opposition to the USTR proposal by non-US governments in the TPP negotiations. Continue Reading

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Leak of TPP text on copyright Limitations and Exceptions

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Dmitry Medvedev’s Nov 2011 message to the G20 leaders on call for new copyright treaty

In 2011, Russia made a very important proposal to the G20 regarding the need for new global norms on copyright. Just a few parts of the message illustrate its ambition.

  • to expand the opportunities of right holders to manage and exercise the rights to the results of intellectual activities on the Internet;
  • to amend the way of obtaining a right holder’s consent
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SCCR/24/9 Prov. The revised “instrument” for copyright exceptions for disabilties

Attached below is the new text of the “instrument” for copyright exceptions for disabilties.
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SCCR/24/9 Prov.
ORIGINAL: English
DATE: July 25, 2012

Standing Committee on Copyright and Related Rights

Twenty?fourth Session
Geneva, July 16 to 25, 2012

REVISED Working Document on an International Instrument on Limitations and Exceptions For Visually Impaired Persons/Persons with Print Disabilities

prepared by the Secretariat
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US position at WIPO on “the Nature of the Instrument” for copyright exceptions for disabilities

At WIPO SCCR 24, the negotiations on the text of an “instrument” on copyright exceptions for persons with disabilities appear to be going well. For the past year, the delegates have been close on the substantive issues, focusing on a handful of important nuances in the ways that beneficiaries of the agreement are defined, the types of works and rights covered, wording on safeguards, provisions for developing countries, and other technical issues such as the relationship to the Berne and TRIPS three step test. Continue Reading

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