Beyond TRIPS - The Evolving Law of International Intellectual Property Enforcement
Last week, PIJIP held an event that brought together academics and policymakers to discuss current efforts to increase the enforcement of IP worldwide:
Washington College of Law
November 5, 2009, 1-4pm
Room 603 | WEBCAST
PANEL 1 – Strengthening IP Enforcement Through TRIPS and Other Multilateral Initiatives
Many
countries and IP-owning industries that championed the TRIPS Agreement
in the 1990s are now unsatisfied with their ability to enforce IP
rights. They argue that new technologies have led to new types of
copyright infringement that necessitate new norms for enforcement, and
point out that infringement of copyrights, patents and trademarks is
still widespread. A WTO Panel recently issued what is largely regarded
as a split decision in a dispute brought against China by the United
States that alleged inadequate enforcement of IP. With the goal of
setting new international norms for tougher enforcement, IP-owning
industries and developed-country governments have begun negotiating
tougher intellectual property norms in a number of fora. The largest
enforcement negotiation is the Anticounterfeiting Trade Agreement
(ACTA), but there are additional international efforts as well (through
the World Health Organization, World Customs Organization, APEC, etc).
Critics of the push for stronger IP have complained that the
negotiations have been overly secretive, and that it risks upsetting
the TRIPS Agreement’s balance between the protection of IP-owners’ and
IP-users’ rights.
Moderator: Padideh Ala'i, Professor of Law & Acting Director, International Legal Studies Program at American University Washington College of Law
Panelists
- Daniel Gervais, Professor of Law & Co-Director, Technology and Entertainment Law Program, Vanderbilt University Law School
- Peter Yu, Kern Family Chair in Intellectual Property Law & Director, Intellectual Property Law Center, Drake University Law School
- Michael Geist, Professor of Law & Canada Research Chair in Internet and E-commerce Law, University of Ottawa, Faculty of Law
PANEL 2 – American Efforts to Strengthen International IP Enforcement
The
US government works multilaterally to strengthen worldwide enforcement
of IP norms in the fora discussed in panel one. Additionally, it acts
unilaterally to strengthen enforcement through such mechanisms as the
Special 301 process and the review and suspension of GSP benefits.
These unilateral actions are viewed as essential by IP-owning
industries, but as heavy handed and arbitrary by our trading partners.
Consumer groups worry that such efforts may underestimate negative
outcomes that may arise, such as the costs associated with enhanced
border protections and stiff penalties for individual users.
Moderator: Susan Sell,
Professor of Political Science and International Affairs &
Director, Institute for Global and International Studies, George
Washington University
Panelists
- Stanford McCoy, Assistant U.S. Trade Representative for Intellectual Property and Innovation
- Sean Flynn, Associated Director, PIJIP, American Univeristy Washington College of Law
- Eric Smith, President and Co-Founder, International Intellectual Property Alliance
- Gigi Sohn, President and Co-Founder, Public Knowledge
- Joe Karaganis, Program Director, Media, Technology and Culture, Social Science Research Council
Photo of CD posted online under a Creative Commons license by grytr.
