Category Enforcement

Leaked ACTA Text Shows Possible Contradictions With National Laws

“No changes in domestic” law promised the partners currently negotiating the Anti-Counterfeiting Trade Agreement. A leaked 56-page recent consolidated version of the much-discussed agreement shows that this might not be completely true. The draft version with a lot of bracketed text in it shows that some countries are more open about the potential need to change their domestic laws than others.

EU To Request Publication Of ACTA Documents To Stop “Rumours”; Civil Society Meeting Planned

Europe will request the publication of the current drafts for the Anti-Counterfeiting Trade Agreement (ACTA) at the next ACTA negotiating meeting in New Zealand in April, EU trade official Luc Devigne said today.

Speaking at the third EU stakeholder meeting on the hotly debated ACTA today in Brussels, Devigne also said there is also a meeting with civil society planned to take place alongside the New Zealand round.

Forest Group Decision Has Led To Great Rise In Patent Marking Lawsuits

The recent Forest Group case decided by the United States Court of Appeals for the Federal Circuit (CAFC) has made it more financially viable for plaintiffs to sue for under the false marking patent statute (35 U.S.C. § 292). However, legislation currently before Congress, as well as another patent marking case to be decided by the CAFC in the near future, Pequignot v. Solo Cup, may level the playing field more towards defendants in such lawsuits.

The US-Cotton Case — The Truth Behind Brazil’s Cross-Retaliation Against US Intellectual Property

In a recent speech at the Export-Import Bank's annual conference, US President Obama said the US Trade Representative will use its "full arsenal" to combat "practices that blatantly harm" US businesses, and that includes "enforcing existing [US] agreements." The question is: will the US comply with its multilateral obligations under the WTO agreement in the US-Brazil cotton case, says Brazilian academic Pedro Paranaguá.

US On International Trade Crusade With New Agenda

The recently released US annual trade agenda shows an intention to conquer new international markets, strengthen the global trade system and enforce obligations and US intellectual property rights. The US also means to address what they consider as trade barriers. [Update: President Obama spoke on the trade agenda today, more below.]

European Parliament Votes To Rein In Anti-Counterfeiting Treaty

The European Parliament today voted overwhelmingly in favour of a demand to be kept fully informed about the secretive Anti-Counterfeiting Trade Agreement under negotiation by the European Commission and about a dozen countries outside Europe. Parliament also opposed controversial provisions such as personal searches at European borders and cutting internet access for anyone found infringing copyright online three times.