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 Law Bytes Podcast, Episode 138: John Lawford on the Legal, Regulatory and Policy Responses to the Rogers Outage 
The Staffieri or Scott Quiz: Can You Tell the Difference Between the Rogers CEO and the CRTC Chair? 
The CRTC Shrugged: A Special Law Bytes Podcast on the Industry Committee Hearing Into the Rogers Outage 
The Law Bytes Podcast, Episode 136: Jeremy de Beer on SOCAN v. ESA, the Supreme Court’s Latest Endorsement of Copyright Balance and Technological Neutrality 
Supreme Court of Canada on Copyright: “Copyright Law Does Not Exist Solely for the Benefit of Authors”
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.