Notes on USTR TPP Briefing

On Wednesday September 29th Assistant U.S. Trade Representative Mark Linscott hosted a TPP stakeholder meeting to discuss Regulatory Coherence. The meeting was called with just 24 hours notice to civil society groups. That is not a great practice. But in a noticeable departure from ACTA negotiations, here the USTR reached out to civil society organizations (no industry representatives were present) for their views before the negotiating round.

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Comments to Indian Department of Industry Policy and Promotion Regarding the Compulsory Licensing of Pharmaceuticals

As a threshold matter, Indian policy should be based on an acknowledgment that monopolies on essential products like needed medicines provide perverse incentives in developing countries with high income inequality to price to the very richest segment of the market, leaving the great majority of consumers without access to the good. Where the good is needed to meet a basic life or development need, this effect can be catastrophic.

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PIJIP Director Michael Carroll to Speak About Creative Commons at the Future of Music Coalition Policy Summit

Professor Carroll sits on the Board of Creative Commons, a nonprofit organization that offers a variety of licenses to creators that work alongside existing copyright laws. The licenses act like sets of instructions that are attached to a copyrighted work; the copyright owner can use CC licenses to allow "downstream" users to use the work in certain ways without having to get the author's permission first. On Oct. 5, Professor Carroll will discuss CC licenses as a panelist at the Future of Music Coalition's Policy Summit.

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Notes on ACTA Meeting Emerge

Last Friday September 27, ACTA host Japan sponsored a lunch mixer with NGOs and almost no one came. Requests to the Japan and US delegations to release a list of who attended the meeting have gone unanswered. But a few details have begun to emerge. There is little to counter the widespread perception that the meeting was designed to thwart rather than engage the expression of civil society views on the negotiation.

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PIJIP Research Paper No. 13: The Impact of the ACTA on Canadian Copyright Law

With the advent of ACTA, the protection and enforceability of intellectual property rights will continue growing. Canadians, like other citizens whose countries may adhere to this treaty, would notice major changes to the legal systems regulating their rights and obligations with respect to intellectual property.

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PIJIP Research Paper No. 12: ACTA as a New Kind of International IP Law-Making

The ACTA negotiations can teach us about the dynamics of intellectual property law-making and the structure of the IP treaty framework. This paper draws two broad lessons from the progress of the ACTA to date: (1) that the global IP 'ratchet' is not inexorable; and (2) that the international IP treaty framework is very poorly adapted to developing exceptions.

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PIJIP Research Paper No. 11: Enforcing Intellectual Property Rights by Diminishing Privacy - How the Anti-Counterfeiting Trade Agreement Jeopardizes the Right to Privacy

ACTA would require the adoption of domestic law to allow identifying supposed infringers and, consequently, the collaboration of the online service providers (OSPs) with rights holders. Those provisions raise some human rights concerns, particularly as related to the right to privacy of Internet users and the right to protection of their personal data.

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PIJIP Research Paper No. 10: ACTA's Abandoned Third-Party Liability Provisions and What They Mean for the Future

Secondary liability was one of the most controversial aspects of the proposed ACTA, which mandated strong protections for IP owners without corresponding consumer protections. Morris explains the concept of secondary liability; the controversy surrounding its incorporation into ACTA; its exclusion from the August 2010 draft, and the future of secondary liability expansion.

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PIJIP Research Paper no. 9: ACTA and Public Health

Although the term “anti-counterfeiting” suggests an agreement limited to preventing trade in counterfeit products, ACTA’s draft provisions, to date, would set new minimum enforcement standards for a range of intellectual property rights. In several areas, these standards could impede legitimate competition, shortchange legal process and shift costs of enforcing private commercial rights to the public.

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Amend ACTA: Injunctions Against Intermediaries

Unlike the July 2010 text, the August 2010 text no longer contains the provisions on secondary liability for internet service providers over violations committed by third parties utilizing their services. However, if Article 2.X.2 remains in the final text, secondary liability for internet service providers may still be enforceable.

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