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Copyright

The ACTA Scorecard: Major Remaining Areas of Disagreement

The latest ACTA leak of the text following the June meeting in Lucerne has provided fodder for several posts, including one assessing the growing rift between the U.S. and E.U., Canadian positions on ACTA, the changed U.S. position on anti-circumvention rules, and a look at geographical indications, a key issue for the EU.

Today’s post identifies many of the remaining areas of disagreement. While there are many more sections with text that has not reached consensus, these are the issues where different wording leads to very different substantive obligations. As previously discussed, most of the issues come down to the U.S. on one side and the E.U. on the other. Many involve scope concerns, with the U.S. trying to limit the treaty to copyright and trademark, while the E.U. adamant that it should extend to all intellectual property.

Note that is not a summary of the all problems with ACTA – there may be areas where there is general agreement that is cause for concern. It is also focused on the IP chapter and leaves aside chapters on enforcement practices which includes public “education” campaigns, specialized law enforcement units, and other measures for which there is no agreement.

July 21, 2010 — 1 comment — News

Human Rights Groups Challenge USTR Special 301

A group of public interest organizations in the U.S. have filed a complaint alleging that the Obama administration’s trade policy reduces access to medicines in low and middle income nations, and therefore violates international human rights obligations.

July 20, 2010 — Comments are Disabled — News

Plaintiff Demands $27 Million in Copyright Case, Court Awards $500

The Federal Court of Canada has released a decision involving a $27 million claim over copyright infringement. The court awarded $500 in statutory damages.

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

July 19, 2010 — 12 comments — News

Potter on the Link Between the Census and Copyright

Maclean’s Andrew Potter has a must-read opinion piece that links Industry Minister Tony Clement’s response to the census issue with the Canadian Heritage Minister James Moore’s copyright bill response. While Potter makes the political link, Howard Knopf connects the policy dots in this post.

July 19, 2010 — Comments are Disabled — News