IIPA Urges Watch List Countries to Enact Notice and Take Down Provisions to Combat Online Piracy

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The International Intellectual Property Alliance (IIPA) highlighted the implementation of Internet Service Provider (ISP) liability in domestic law as an essential step in combatting online piracy in this year's submission to the US Trade Representative for its Special 301 Report. IIPA suggests that countries on the watch lists need to enact legislation implementing a proper "notice and take down" provision for ISP liability.

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Industry and Public Interest Groups Concerned About Special 301’s Impact on Copyright Law

At the first ever public hearing on the Special 301 Review on March 3, representatives from industry and public interest groups criticized the USTR’s use of the Special 301 mechanism to promote stricter copyright enforcement abroad. The comments below, excerpted from oral testimony and written statements submitted by Public Knowledge and the Computer & Communications Industry Association (CCIA), highlight a variety of concerns.

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Harvard Profs Challenge ACTA Constitutionality

An article published today by Harvard Law Professors Jack Goldsmith and Lawrence Lessig, argues that the ACTA's planned implementation by an executive order not passed through Congress would likely be unconstitutional. The leaked ACTA text makes clear that in various ways the agreement would change US law is adopted by the President. But even an agreement that 'colors within the lines' of US law would change that law in various ways

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Access to Meds and U.S. Human Rights Review

On November 26, 2010, the United Nations Human Rights Council will hold a hearing to examine the United States’ compliance with its legally-binding obligations under its signed and ratified Human Rights treaties as well as the UN Charter and the Universal Declaration of Human Rights. This is a forum where access to medicines issues may be raised, especially with respect to U.S. pressure on developing countries to implement TRIPS-plus intellectual property rules on that block access to generic pharmaceuticals.

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PIJIP Professor Sean Flynn Submits Comments to Obama's Intellectual Property Enforcement Coordinator

PIJIP Professor Sean Flynn has submitted comments to Victoria Espinel, the Obama Administration's Intellectual Property Enforcement Coordinator ("IP Czar"), which recommended a policy that promotes access to medicines through IP policies that comply with the TRIPS Agreement. The comments were in response to the IP Czar's Federal Register Notice requesting comments from the public on how the Adminsitration can “more effectively and efficiently combat intellectual property infringement.”

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Text Version of La Quadrature's ACTA Leak Now Available

The text from La Quadrature's recent leak of the Anti-Counterfeiting Trade Agreement (ACTA) has been transcribed and is available online in searchable and linkable form. This leak, which originally came out on March 22, is by far the most complete of the ACTA leaks do date. It contains the full consolidated text and it identifies the countries that proposed each section of text.

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Tanzanian Anti-Counterfeiting Regulations

Much of the debate on anti-counterfeiting laws in the East African Community has focussed on the Kenyan Law, the Ugandan Bill, and the East African Community Draft Policy. However, Tanzania has already implemented some anti-counterfeiting measures in administrative regulations. The Merchandise Marks Act has been in place since June 2008.

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New Version of Ugandan Counterfeit Goods Bill Makes Substantial Changes

The new version of Uganda's Counterfeit Goods Bill is substantially different from the last, particularly in its definition of 'counterfeiting' and 'counterfeit goods.' The new definition applies to goods that are 'identical' to the original (instead of merely 'similar'), and applies to violations of copyrights and trademarks - reflecting WTO definitions of pirated goods and counterfeits.

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PIJIP Director Michael Carroll Delivers Keynote Address at ALI/ABA Forum on Museum Administration

PIJIP Director Michael Carroll delivered the keynote address at a forum for museum directors, administrators, trustees, legal counsel, and others concerned with museum operations held in Miami Beach on March 24-26. The workshop was sponsored by the Smithsonian and the American Association of Musuems, and approved for CLE by the ALI/ABA.

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EU Backs ACTA Text Release

According to IP Watch, EU trade official Luc Devigne, says that “Europe will request the publication of the current drafts for the Anti-Counterfeiting Trade Agreement at the next ACTA negotiating meeting in New Zealand in April.” Devigne wants the text release “so that rumours can be dispelled and we don’t have to comment on leaks.” He also denied that the EU seeks inclusion of a "three-strikes-you're-out" rule that would disconnect repeat infringers from the internet.

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