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Forty-five civil society groups concerned about efforts to ratchet-up the enforcement of intellectual property rights beyond healthy levels sent a letter to the World Intellectual Property Organization (WIPO) this week to their express concern on WIPO's continued promotion of a "maximalist" agenda with respect to intellectual property rights. The civil society letter reminded WIPO that this approach undermine's development ...
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The European Union's highest court issued a key legal ruling overturning a Belgian law that would have required Internet service providers to monitor all Internet traffic passing through their systems with the goal of protecting copyright holders' rights. In a closely watched case, the European Court of Justice struck down a Belgian court ruling from 2007 that forced ISPs to ...
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United States Trade Representative (USTR) Special 301 Report: Who's been naughty and who's been nice to US intellectual property interests (according to the USTR)? 2010 Country "Watch" Lists.
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"While the U.S. claims that ACTA documents are a matter of national security and the European Parliament demands greater transparency, it would appear that the Canadian delegation would favour an early release of the draft treaty. According to a confidential November 2008 memorandum that was prepared for Stockwell Day, the Minister of International Trade obtained under the Access to ...
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The European Parliament has demanded more transparency in the EU, and it made a point of singling out the controversial Anti-Counterfeiting Trade Agreement. Parliament has been considering a general transparency bill, but one amendment to the bill demanded access to ACTA documents—access that negotiators have so far been unwilling to provide. "In accordance with Article 255(1) of the ...
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"President Obama's White House has tightened the cloak of government secrecy still further, saying in a letter this week that a discussion draft of the Anti-Counterfeiting Trade Agreement and related materials are "classified in the interest of national security pursuant to Executive Order 12958." The 1995 Executive Order 12958 allows material to be classified only if disclosure would do ...
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"The World Trade Organization on 26 January issued a panel report in a case brought by the US challenging China's enforcement of intellectual property rights. While the case has been commonly reported as a victory for the US, careful and detailed analysis of the panel ruling indicates that China's intellectual property laws have been
vindicated in the most important areas that ...
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"The Anti-Counterfeiting Trade Agreement has sparked an outcry from public interest groups. “The speed with which it has been rushed through - and the secrecy of the meetings and the provisions is alarming,” said IP Justice Executive Director Robin Gross. ACTA will make routine surveillance of laptops, iPods and other devices in the hope of finding questionable music, videos and ...
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Il suo poster, con i colori della bandiera americana e la scritta "Hope", speranza, ha fatto il giro del mondo, è stato riprodotto in migliaia di riviste e siti Internet, diventando il simbolo della campagna per le presidenziali di Barack Obama. Ma ora Shepard Fairey, il 38enne illustratore di Los Angeles che con quella locandina ha acquisito fama mondiale, si ...
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Forty-five civil society groups concerned about efforts to ratchet-up the enforcement of intellectual property rights beyond healthy levels sent a letter to the World Intellectual Property Organization (WIPO) this week to their express concern on WIPO's continued promotion of a "maximalist" agenda with respect to intellectual property rights. The civil society letter reminded WIPO that this approach undermine's development ...
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The Australian government has launched a public consultation on its possible involvement in the Anti-Counterfeiting Trade Agreement negotiations. Unlike the Canadian government, which jumped at the chance to join the U.S. in the negotiations with no advance warning and no public discussion, the Australians are taking the time to ask the public whether it thinks the country should participate ...
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There are two principles that influence the interpretation and application of TRIPS and that must be mentioned here: the principle of national treatment and the most favoured nation principle.
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The European Union's highest court issued a key legal ruling overturning a Belgian law that would have required Internet service providers to monitor all Internet traffic passing through their systems with the goal of protecting copyright holders' rights. In a closely watched case, the European Court of Justice struck down a Belgian court ruling from 2007 that forced ISPs to ...
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United States Trade Representative (USTR) Special 301 Report: Who's been naughty and who's been nice to US intellectual property interests (according to the USTR)? 2010 Country "Watch" Lists.
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"While the U.S. claims that ACTA documents are a matter of national security and the European Parliament demands greater transparency, it would appear that the Canadian delegation would favour an early release of the draft treaty. According to a confidential November 2008 memorandum that was prepared for Stockwell Day, the Minister of International Trade obtained under the Access to ...
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The European Parliament has demanded more transparency in the EU, and it made a point of singling out the controversial Anti-Counterfeiting Trade Agreement. Parliament has been considering a general transparency bill, but one amendment to the bill demanded access to ACTA documents—access that negotiators have so far been unwilling to provide. "In accordance with Article 255(1) of the ...
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"President Obama's White House has tightened the cloak of government secrecy still further, saying in a letter this week that a discussion draft of the Anti-Counterfeiting Trade Agreement and related materials are "classified in the interest of national security pursuant to Executive Order 12958." The 1995 Executive Order 12958 allows material to be classified only if disclosure would do ...
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"The World Trade Organization on 26 January issued a panel report in a case brought by the US challenging China's enforcement of intellectual property rights. While the case has been commonly reported as a victory for the US, careful and detailed analysis of the panel ruling indicates that China's intellectual property laws have been
vindicated in the most important areas that ...
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"The Anti-Counterfeiting Trade Agreement has sparked an outcry from public interest groups. “The speed with which it has been rushed through - and the secrecy of the meetings and the provisions is alarming,” said IP Justice Executive Director Robin Gross. ACTA will make routine surveillance of laptops, iPods and other devices in the hope of finding questionable music, videos and ...
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Il suo poster, con i colori della bandiera americana e la scritta "Hope", speranza, ha fatto il giro del mondo, è stato riprodotto in migliaia di riviste e siti Internet, diventando il simbolo della campagna per le presidenziali di Barack Obama. Ma ora Shepard Fairey, il 38enne illustratore di Los Angeles che con quella locandina ha acquisito fama mondiale, si ...
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"Robin Gross, an intellectual property attorney who heads IP Justice, an international civil liberties organization, believes that Fairey had the right to use the photo, saying that he intended it for a political cause, not commercial use. "Fairey's purpose of the use for the photo was political or civic, and this will certainly count in favor of the poster ...
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"Cyber café operators within Nairobi are torn between legalising their Microsoft software operating system, shifting to Open Source Code or closing shop all together following the crack down on illegal software. Most cyber cafes in Kenya use Microsoft software. but with no valid licences. Jet Cyber and Dagit Cyber Café in Nairobi are the latest companies to be raided ...
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The BSA tells a few fibs to South African policymakers: "Internationally, end-user piracy has been recognised as a criminal offence. By making South African companies and their managers criminally responsible for end-user copying, this would not only go a long way in assisting intellectual property right holders but would also conform with international standards and will promote good corporate governance,” ...
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"The World Trade Organization on 26 January issued a panel report in a case brought by the US challenging China's enforcement of intellectual property rights. While the case has been commonly reported as a victory for the US, careful and detailed analysis of the panel ruling indicates that China's intellectual property laws have been
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China has been found in violation of two of its responsibilities under international rules on trade and intellectual property, and in partial violation of one more, said a World Trade Organization panel report on the US-China dispute over copyright and customs matters released Monday. But the panel did not make a decision on some of the US claims. The ...
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"The government will ease its stringent restrictions on using copyrighted works, a development that will affect activities ranging from posting personal pictures on websites to developing Internet search engines, sources said. The Intellectual Property Strategy Headquarters, led by Prime Minister Yasuo Fukuda, has decided to make a Japanese version of a U.S. copyright law stipulation that allows for the ...
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The World Trade Organization has launched an investigation into allegations that China is unfairly limiting the flow of copyrighted material from the United States into the country. Meanwhile, the WTO issued the periodic review of Thailand’s policies including a discussion of intellectual property rights. US concerns in the new dispute are that China provides “less favourable distribution opportunities for ...
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"The formation of a World Trade Organization panel requested by the United States on China’s distribution of American copyrighted material was delayed this week after a procedural move on an unrelated matter. The US panel request was to be considered by the WTO Dispute Settlement Body on 19 November, but the agenda for the meeting was blocked by Taiwan ...
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South Korea has been urged to strengthen its intellectual property rules in order to sign a free trade agreement with the European Union. Talks are underway between the EU and the Seoul government aimed at achieving a far-reaching liberalisation of commerce between the two sides. In a report approved on 20 November by the European Parliament’s international trade ...
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"Speaking to reporters, Tian said that China's IPR legal system will take some time to evolve, noting that Western IPR concepts took some time to mature. 'China's IPR legal system has only existed for 20 years,' he said. 'Britain took 300 years and America 200 years. We need at least another generation.'
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"The United States has decided to step up its challenge to China’s restrictions on copyright-protected books, music and films by asking the World Trade Organization to establish a dispute settlement panel. During June and July, the US and China held formal talks over trade restrictions applied by the Beijing authorities. “Those discussions have not led to a resolution of ...
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"China regrets that the United States has appealed to the World Trade Organization (WTO) for the second time to set up an expert panel to investigate US complaints that China is failing to do enough to protect intellectual property rights (IPRs), a Chinese government spokesman said on Thursday. The Chinese government would actively respond to the US request and ...
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"A World Trade Organization panel will formally investigate United States complaints that China has failed to adequately protect intellectual property rights on goods such as software and movies, a move criticised by Beijing. WTO’s Dispute Settlement Body (DSB) on 25 September established a panel following Washington’s second request to look into its allegations against China. Findings from the inquiry ...
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By Nandor Tanczos MP, Green Party Spokesperson on Commerce. Second Reading Speech.
The Greens alone opposed this bill at its first reading. We voted against it because, contrary to the ministry’s 2002 advice, it served to protect access control technology, which is technology that has been used to price discriminate and control geographical distribution of works, to the detriment of ...
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"Consumers still have reasons to be fearful of proposed new copyright legislation, but for inventors and adapters of technology, the outcome is looking brighter. Consumer champions have protested that Parliament’s Commerce Select Committee, while upholding format-shifting for copyright works in new legislation, has also allowed copyright-owners to contract out of the law. However, adaptors’ and inventors’ rights have ...
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The New Zealand Open Source Society is opposing those parts of the Copyright Amendment Bill that would make it illegal to circumvent technological protection of copyright. The society argued, before a parliamentary committee, that such measures would reinforce Microsoft’s market power. Addressing Parliament’s Commerce Committee, the NZOSS gave the planned changes to the Copyright Act a big thumbs-down. ...
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Free Trade Implementation Bill, IP Chapter
http://www.aph.gov.au/house/committee/jsct/usafta/report/chapter16.pdf
Trade bill in the Australian house, introduced at the request of the United States. Strongly opposed by education sector, librarians, civil libertarians, and economists.
"Libraries Caught in Copyright Changes"
The Age (AU)
Transcript of Canberra Hearing in Australian Senate on trade bill
aph.gov.au
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The European Union's highest court issued a key legal ruling overturning a Belgian law that would have required Internet service providers to monitor all Internet traffic passing through their systems with the goal of protecting copyright holders' rights. In a closely watched case, the European Court of Justice struck down a Belgian court ruling from 2007 that forced ISPs to ...
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The European Parliament has demanded more transparency in the EU, and it made a point of singling out the controversial Anti-Counterfeiting Trade Agreement. Parliament has been considering a general transparency bill, but one amendment to the bill demanded access to ACTA documents—access that negotiators have so far been unwilling to provide. "In accordance with Article 255(1) of the ...
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The Foundation for a Free Information Infrastructure (FFII) has requested 12 secret Anti-Counterfeiting Trade Agreement (ACTA) documents from the EU Council. Behind closed doors, the EU, US, Japan and other countries are negotiating ACTA. The negotiating parties plan on making the ACTA text public only after the parties have agreed to it. Based on leaked information, the FFII is ...
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A formal complaint has been lodged with the European Parliament over how its information technology systems rely almost exclusively on software manufactured by Microsoft. Advocates of open standard software, which is developed on a not-for-profit basis, allege that the Seattle-based giant enjoys an effective monopoly or ‘lock-in’ within the European Union institutions. Members of the European Parliament (MEPs) and ...
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The European Commission currently has proposals on the table to extend performers' copyright terms. Described by Professor Martin Kretschmer as the "Beatles Extension Act", the proposed measure would extend copyright from 50 to 95 years after recording. A vast number of classical tracks are at stake; the copyright on recordings from the fifties and early sixties is nearing its expiration ...
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"The principle recommendations of the Review are aimed at: 1. tackling IP crime and ensuring that rights are well enforced; 2. reducing the costs and complexity of the system; and 3. reforming copyright law to allow individuals and institutions to use content in ways consistent with the digital age. The IP framework must create incentives for innovation, without unduly ...
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The French paramilitary police force said Wednesday it is ditching Microsoft for the free Linux operating system, becoming one of the biggest administrations in the world to make the break. The move completes the gendarmerie's severance from Microsoft which began in 2005 when it moved to open sourcing for office applications such as word processing. It switched to open ...
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EU countries can refuse to disclose names of file sharers on the Internet in civil cases, the EU's top court said on Tuesday in a blow to copyright holders trying to fight digital piracy. The European Court of Justice ruled on a dispute between Spanish music rights holders association Promusicae and Spain's top telecommunications operator, Telefonica. "Community law ...
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"Proposed legislation that would mandate the use of the Open Document Format (ODF) across the entire Dutch government has infuriated Microsoft. On Wednesday the Dutch parliament will discuss a plan to mandate use of the Open Document Format (ODF) at government agencies. The proposal is part of a wider plan to increase the sustainability of information and innovation, while ...
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United States Trade Representative (USTR) Special 301 Report: Who's been naughty and who's been nice to US intellectual property interests (according to the USTR)? 2010 Country "Watch" Lists.
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"If the Senate version becomes law, it is not immediately clear how the Justice Department's expanded powers would work in practice. For example, would the department assume the role of the Recording Industry Association of America, which has sued more than 30,000 people in the United States for copyright infringement since 2003?..."
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US Congressmen are up to their old tricks of pretending to care about free expression publicly, while undermining it's practice with their policy decisions -- especially when it comes to free speech on the Internet. Congressman Edward Markey, the Chairman of the Congressional Sub-committee on Telecommunications and the Internet sent a letter urging the US Government to refuse ...
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"...Given the significant costs associated with a program that does more harm than good and that appears susceptible to political manipulation, any new copyright reform should eliminate Crown copyright and adopt in its place a presumption that government materials belong to the public domain to be freely used without prior permission or compensation."
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The content of ACTA could have significant implications for Canada. Counterfeiting activity harms Canadian consumers and Canadian trade. All Canadians endorse the dedication of appropriate law-enforcement resources to addressing trade-debilitating commercial infringement. However, intellectual property policy equally touches on important policy frameworks governing innovation, privacy, security, trade, creativity and freedom of expression. Enthusiasm to address the harms legitimately attributed ...
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Report Highlights US Industry Desire for More Restrictive Intellectual Property Protection, Acknowledges Compliance by Some US Trading Partners....
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"The U.S. Trade Representative has released its annual Special 301 report, in which it criticizes dozens of countries over their intellectual property laws while ignoring its own shortcomings. Despite demands from the copyright lobby that Canada be placed on the "Priority Watch List," Canada is again on the lower level Watch List along with 35 other countries including Norway, ...
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"Despite the use of the word “International” in its name, the International Intellectual Property Alliance (IIPA) is an umbrella group comprised of 7 U.S. trade associations: the Association of American Publishers, Business Software Alliance, Entertainment Software Association (video game industry), The Independent Film & Television Alliance, The Motion Picture Association of America, National Music Publishers’ Association, and Recording Industry Association ...
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"The U.S. Supreme Court has declined to hear the appeal of Kahle v. Ashcroft, brought by Internet Archive and Open Content Alliance founders Brewster Kahle and Rick Prelinger in 2003, which challenged the constitutionality of the current copyright regime. Although not unexpected, the Supreme Court's refusal comes after a recent ruling by the 10th Circuit Court of Appeals raised hopes ...
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These groups line up against tech interests in courtrooms and corridors of power across the country: RIAA & MPAA, Big Pharma, BioTech, BigTelco, Verizon, AT&T, Progress & Freedom Foundation, large wireless carriers. Read Mark Sullivan's analysis...
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United States Trade Representative (USTR) Special 301 Report: Who's been naughty and who's been nice to US intellectual property interests (according to the USTR)? 2010 Country "Watch" Lists.
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"If the Senate version becomes law, it is not immediately clear how the Justice Department's expanded powers would work in practice. For example, would the department assume the role of the Recording Industry Association of America, which has sued more than 30,000 people in the United States for copyright infringement since 2003?..."
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US Congressmen are up to their old tricks of pretending to care about free expression publicly, while undermining it's practice with their policy decisions -- especially when it comes to free speech on the Internet. Congressman Edward Markey, the Chairman of the Congressional Sub-committee on Telecommunications and the Internet sent a letter urging the US Government to refuse ...
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"...Given the significant costs associated with a program that does more harm than good and that appears susceptible to political manipulation, any new copyright reform should eliminate Crown copyright and adopt in its place a presumption that government materials belong to the public domain to be freely used without prior permission or compensation."
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The content of ACTA could have significant implications for Canada. Counterfeiting activity harms Canadian consumers and Canadian trade. All Canadians endorse the dedication of appropriate law-enforcement resources to addressing trade-debilitating commercial infringement. However, intellectual property policy equally touches on important policy frameworks governing innovation, privacy, security, trade, creativity and freedom of expression. Enthusiasm to address the harms legitimately attributed ...
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Report Highlights US Industry Desire for More Restrictive Intellectual Property Protection, Acknowledges Compliance by Some US Trading Partners....
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"The U.S. Trade Representative has released its annual Special 301 report, in which it criticizes dozens of countries over their intellectual property laws while ignoring its own shortcomings. Despite demands from the copyright lobby that Canada be placed on the "Priority Watch List," Canada is again on the lower level Watch List along with 35 other countries including Norway, ...
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"Despite the use of the word “International” in its name, the International Intellectual Property Alliance (IIPA) is an umbrella group comprised of 7 U.S. trade associations: the Association of American Publishers, Business Software Alliance, Entertainment Software Association (video game industry), The Independent Film & Television Alliance, The Motion Picture Association of America, National Music Publishers’ Association, and Recording Industry Association ...
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"The U.S. Supreme Court has declined to hear the appeal of Kahle v. Ashcroft, brought by Internet Archive and Open Content Alliance founders Brewster Kahle and Rick Prelinger in 2003, which challenged the constitutionality of the current copyright regime. Although not unexpected, the Supreme Court's refusal comes after a recent ruling by the 10th Circuit Court of Appeals raised hopes ...
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These groups line up against tech interests in courtrooms and corridors of power across the country: RIAA & MPAA, Big Pharma, BioTech, BigTelco, Verizon, AT&T, Progress & Freedom Foundation, large wireless carriers. Read Mark Sullivan's analysis...
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During the last few months across Venezuela at dozens of open forums -both on the streets and within institutions and in the media, there have been many discussions held among intellectuals, authors, copyright users, small traders, and government officers about the issue of author’s rights/ copyright. At stake was how to overcome a major contradiction in the current Venezuelan Constitution ...
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"24. The Committee notes with concern the potential impact of the entry into force of the Central American Free Trade Agreement (CAFTA) on the State party’s obligations under the Covenant and, in particular, on traditional agriculture, labour rights, access to health, social security and the intellectual property regimes protecting, inter alia, access to generic medicines, biodiversity, water and the right of ...
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First Preparatory seminar towards the IGF meeting in Brazil
Organized by Rits and Nupef
Agenda: seminar 1
July, 3 and 4, 2007
Venue: Direito GV São Paulo Law School
Rua Rocha, 233 - Bela Vista - São Paulo
July 3:
9:00 Opening
• Alessandro Octaviani, intellectual propoerty professor and coordinator of juridical practices and complementary activities of the FGV/São Paulo.
• Carlos Afonso, academic coordinator of Nupef and Rits’ ...
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Click above title for more info on 8-10 May 2007 workshop in Buenos Aries, Argentina.
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by Pedro Paranaguá. The traditional business model of the phonographic industry is being left behind by the competitiveness of new technologies. The technological world is evolving, but some businesses are struggling as they are not adapting themselves to the ever-increasing changes. Trying not to be left behind, the phonographic industry has preferred to use the marketing of fear: file ...
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FGV Law School - Center for Technology & Society (Brazil), IP Justice, Derechos Digitales (Chile), CPSR-Peru and others have launched an online petition for balanced copyright law in Brazil to permit personal use copying of music. Thanks to music-industry lobbying, it is illegal to copy your own music CDs onto your own iPod for your own personal use in ...
