Post Tagged with: "anti-counterfeiting trade agreement"

EU Article 29 Working Party Expresses Concern About ACTA and Privacy

The EU Article 29 Data Protection Working Party, which included ACTA on its agenda as part of its meetings last week, has written to Commissioner Karel de Gucht to express concern about the privacy implications of ACTA.  The Working Party is particularly concerned with notice-and-takedown procedures, customs searches, and criminalization.

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July 20, 2010 1 comment News

U.S. Caves on Anti-Circumvention Rules in ACTA

One of the biggest stories coming out of the latest ACTA leak is how the U.S. has gradually caved on its digital lock demands.  While the U.S. initially proposed an aggressive draft chapter it hoped would export U.S. law to all ACTA partners, it has now caved on many key issues with the European language carrying the day.  The implications for anti-circumvention rules are significant, since the language is closer (though not identical) to the more flexible WIPO approach and confirms that Canada’s Bill C-32 actually goes beyond would be needed to comply with ACTA, were it to conclude in its current form.

Before examining the changes, it should be noted that there remain doubts about whether this chapter even belongs in ACTA.  Both Canada and Mexico have reserved the right to revisit all elements of this chapter at a later date, suggesting that both countries have concerns about the digital enforcement chapter.  Moreover, there are still disputes over the scope of the Internet chapter, with the U.S., Australia, NZ, Canada, Singapore and Mexico seeking to limit the chapter to trademark and copyright, while Japan, the EU, and Switzerland want to extend it to all IP rights.  Without resolving this issue, there is no digital enforcement in ACTA.

The Anti-Circumention Provision

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July 19, 2010 12 comments News

Canada at the ACTA Negotiations: Canadian Proposals in the Current Draft

The leaked version of the latest ACTA draft helpfully includes country positions, information that was scrubbed from the official release last April.  As I noted yesterday, much of the debate boils down to U.S. and European proposals with the remaining ACTA countries picking sides.  Jonathan O’Hara, one of my research students this summer, has helped compile a list of the Canadian positions where negotiators have failed to reach consensus.  It is notable that most Canadian positions seek to limit the scope of ACTA or incorporate some balancing provisions.

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July 16, 2010 10 comments News

Weatherall on the Key Developments in Latest ACTA Draft

Kim Weatherall has a must-read post that identifies the key changes in the latest ACTA draft that was leaked earlier this week.

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July 16, 2010 Comments are Disabled News

How Will ACTA Affect UK Law

Andres Guadamuz examines how ACTA would affect UK law.  His conclusion: “Be afraid.  Be very afraid.”

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July 16, 2010 Comments are Disabled News