Surprisingly Free has released a lengthy podcast in which I was interviewed about ACTA. The 40 minute podcast touches on a wide range of issues including transparency and substance of the agreement.
Post Tagged with: "counterfeiting"
Toward an ACTA Super-Structure: How ACTA May Replace WIPO
[This post appears jointly here and at the PublicACTA site]
For the past two years, most of the ACTA discussion has centered on two issues: (1) substantive concerns such as the possibility of three strikes and a renegotiation of the WIPO Internet treaties; and (2) transparency issues. The leak of the comprehensive ACTA text highlights the fact that a third issue should be part of the conversation. The text reveals that ACTA is far more than a simple trade agreement. Rather, it envisions the establishment of a super-structure that replicates many of the responsibilities currently assumed by the World Intellectual Property Organization. Given the public acknowledgement by negotiating countries that ACTA is a direct response to perceived gridlock at WIPO, some might wonder whether ACTA is ultimately designed to replace WIPO as the primary source of international IP law and policy making.
Lessig and Goldsmith on ACTA’s Constitutional Concerns
Professors Larry Lessig and Jack Goldsmith published an op-ed in the Washington Post explaining why ACTA raises serious constitutional concerns in the United States.
ACTA’s Anti-Camcording Provision Faces Opposition From Australia, NZ, Switzerland
The leaked comprehensive ACTA draft reveals that a proposed anti-camcording provision has failed to receive significant support. Proposed by the U.S. and Japan, the provision states: Each Party shall provide for criminal procedures and penalties to be applied [Japan: in accordance with its laws and regulations,] against any person who, […]
ACTA’s De Minimis Provision: Countering the iPod Searching Border Guard Fears
The leak of the full consolidated ACTA text will provide anyone interested in the treaty with plenty to work with for the next few weeks. While several chapters have already been leaked and discussed (see posts on the Internet and Civil Enforcement chapters, the definitional chapter, the institutional arrangements chapter, and international coooperation chapter), the consolidated chapter provides a clear indication of how the negotiations have altered earlier proposals (see this post for links to the early leaks) as well as the first look at several other ACTA elements.
For example, last spring it was revealed that several countries had proposed including a de minimis provision to counter fears that the border measures chapter would lead to iPod searching border guards. This leak shows there are four proposals on the table: