The International Trademark Association (INTA) and International Chamber of Commerce have issued a release on ACTA urging countries to drop the de minimis provision that is designed to allay fears of iPod searching border guards. The two associations argue that the exception "sends the wrong message to consumers."
INTA, ICC Oppose De Minimis Provision in ACTA
Tags: acta / anti-counterfeiting trade agreement / copyrightCounterfeiting / Counterfeit / de minimis / icc / inta
6 Comments
Recent Posts
The Age Verification Bill That Won’t Die: How Bill S-209 Complicates the Government’s Bill C-34 Online Safety Plan 
The Law Bytes Podcast, Episode 280: A Fall Update on Where Things Stand on Canadian Digital Policy Reforms 
The Wrong Ban: The Heritage Committee Backed a Targeted Ad Ban for Kids and Stopped Short of a Social Media Ban, Yet the Government Chose the Reverse 
Regulator First, Rules Later: Bill C-34 Debate Shows the Government Wants a Digital Safety Commission Before It Figures Out What It Will Do 
Making the Case Against Its Own Bill: What the Government’s Bill C-34 Charter Statement Reveals About the Constitutional Vulnerability of the Social Media Ban
Wow…
These guys just don’t really get it. “Counterfeit goods”? This has absoultely nothing to do with copyright infringement. In fact, this entire process just proves why making trademark, patent, and copyright laws that are made in one pot is a stupid idea, since they are all different laws and concepts. Since when does a TRADEMARK association have any opinions on COPYRIGHT. God, this situation is so stupid.
Trademark and Copyright
These two legal concepts have ever been seen as effectively “joined at the hip”, not unlike conjoined twins, no?
The release also states that they want to narrow the scope of ACTA to actual counterfeiting rather than “all things to all IP owners”, so it’s not all bad.
RE: Bytowner
“These two legal concepts have ever been seen as effectively “joined at the hip”, not unlike conjoined twins, no?”
No more than murder relates with stealing. Really, trademark/copyright/patent laws are totally different.
Close but no cigar
Counterfeit – passing off something fake as real (“identity theft”, of you like)
Copyright – the right of a rightsholder to commercially exploit their stuff.
As much as the copyright mob would like to lump the two together, they ain’t the same.
The same is true of large-scale commercial piracy and individual downloading… but that’s another story.
Trademark is supposed to be about consumer protection
It started out as legislation to avoid the purchaser being misled about what they’re buying. Which, of course, is the same as “counterfeit”. As long as the buyer doesn’t think that they’re actually getting a Coach purse for $100, it really shouldn’t be either a counterfeiting or a trademark offense.