Amend ACTA: Ex-Officio Action

Border officials will inevitably be “educated” and provided with information about suspect shipments by those who may have a vested interest in keeping out parallel imports and may even have an interest in causing serious inconvenience to a legitimate competitor.

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ACTA to meet Sept 23: Locking out civil society?

Yesterday afternoon the USTR announced that the Tokyo round of ACTA negotiations is starting this Thursday September 23, not on September 27 as most had thought. This morning, the Japanese Embassy stated in a personal phone call to me (I don’t know who else they are calling) that there will be a civil society meeting on Friday Sept. 24 in Tokyo at noon to 1pm. This is probably the least transparent and participatory round yet.

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PIJIP Releases Series of Working Papers on International Intellectual Property Enforcement

PIJIP is publishing a series of working papers on the public interest impact of current efforts to negotiate and Anti-Counterfeiting Trade Agreement (ACTA). We have released the first papers in advance of the next ACTA negotiating round, scheduled to begin Thursday, September 23, in Japan. We will publish the remaining working papers on a rolling basis.

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Upcoming PIJIP/IPLS Events

IPLS and PIJIP are so excited to welcome the new members who attended the Intro to IP at WCL event on 9/14. Click "More..." to see a list of upcoming events for the semester! To view our IP Events in DC Google Calendar: http://www.wcl.american.edu/pijip/go/ip-events-in-dc/ip-events-in-dc-calendar

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PIJIP Research Paper No. 8: Collateral Damage: The Impact of ACTA and the Enforcement Agenda on the World's Poorest People

ACTA is likely to have a far reaching impact on the poorest people in the world. Its purported aim is to increase the efficacy of enforcement of intellectual property. However, like the enforcement agenda that gave rise to it, ACTA's provisions threaten access to medicines, access to learning materials, and access to markets by developing countries, and in so doing threaten development.

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Amend ACTA: Move Footnote to text

Footnote 34 reflects a general principle that anticicumvention provisions should not be used to shift the fundamental balance that copyright strikes between authors and users. Not only should the existing rights, limitations, and exceptions present in copyright be preserved despite any anticircumvention provisions, but those provisions should also not be read to create obligations upon anyone wishing to display or interact with works.

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Amend ACTA: Destruction of Goods

In Article 2.11, parties are required, without exception, to provide "competent authorities with the authority to order the destruction of goods" found to be infringing in Article 2.10. Or, where "such goods are not destroyed, each Party shall ensure such goods are disposed of outside the channels of commerce," except in "exceptional circumstances." If the scope of the board members extends to all intellectual property rights, this runs counter to Article 37 of the TRIPS, concerning semi-conductor designs. As regards copyrighted or trademarked goods, it violates a number of statutes in Finland, Italy, Sweden, Germany, Denmark and the United States.

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Amend ACTA: Small Consignments and Personal Luggage

In Article 60 of the TRIPS, members may exclude "small quantities of goods of a non-commercial nature" in a "traveler's personal luggage or sent in small consignments". In ACTA, this possible exclusion is limited to such goods "contained in a travelers' personal luggage." It is unclear what happened to the TRIPS exception for small non-commercial consignments, which appear to be neither in nor out of ACTA.

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Amend ACTA: Participation in the ACTA Committee

The new ACTA committee will operate in much the same non-public, non-participatory and non-transparent manner that has been one of the most criticized aspects of ACTA's international norm setting.

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PIJIP Research Paper No. 7: ACTA, Fool - Explaining the Irrational Support for a New Institution

Given the significant division in U.S. domestic economic interests over ACTA’s provisions and the lack of solid theoretical or empirical evidence supporting claims made by proponents of the agreement, it is puzzling that ACTA has commanded the support of the U.S. executive, even across two administrations from opposing political parties.

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