Original news and analysis on international IP policy
The countries that own most of the world’s intellectual property rights have all but completed an agreement among themselves that raises the level of protection of those rights while appearing to reduce obligations placed on rights holders. Now they’ll need to find ways to apply it to the countries of the world seen as responsible for much of the infringing material.
The round of negotiations in Tokyo last week on the controversial Anti-Counterfeiting Trade Agreement (ACTA) will be the last in the several-year long process to come to a final agreement, negotiators have said. The latest text - along with highlighted issue areas on which certain countries still have reservations - will be released before the end of the week, negotiators told Intellectual Property Watch.
Countries negotiating a semi-secret trade agreement against piracy and counterfeiting this week in Tokyo are still aiming to reach agreement by the end of this year, a negotiator told Intellectual Property Watch today. The negotiator also did not reject outright the notion that patents might still be included in the draft treaty text, instead saying it is still a matter for discussion.
A new rival to the World Intellectual Property Organization is being created away from the tempering effect of public scrutiny, which could result in limits on the free movement of knowledge or products subject to IP rights, a civil society representative said yesterday.
The multilateral system with its different agencies dealing with specific areas is sometimes seen as incoherent in global negotiations and norm-setting as there are overlaps in competency, definition and scope, according to speakers at a side event to the recent World Trade Organization Public Forum.
Everyone you ask this week about the Anti-Counterfeiting Agreement (ACTA) tells you that they’re just about to work their way through the new draft version to understand the implications of changes made during the recent negotiation round in Washington, DC. Massive changes to the text have been revealed by yet another leak of the draft treaty text being negotiated by 10 countries and the EU 27 member states.
European and Indian business not only have privileged access to information on the planned EU-India free trade agreement, they even set the agenda for this negotiation from the start. That is the conclusion of a study by the Corporate Europe Observatory (CEO) and India FDI Watch published this week in Brussels and Delhi. Both organisations intend to appeal directly to the European Commission and the Indian government to stop negotiations as long as there is no access to negotiating positions and documents for all affected parties.
The global AIDS community meeting in Vienna last week ended with renewed determination to fight the epidemic but underlined an urgent need for increased funding to sustain scientific advances and universal access. Some warned against an intellectual property rights enforcement push threatening global access in particular through bilateral and regional trade agreements.
Many of the 11 negotiating partners of the Anti-Counterfeiting Trade Agreement (ACTA) for years have underlined that the new anti-counterfeiting and anti-piracy agreement will not change their national laws, with the United States and the European Union especially firm on this point. Yet the Washington, DC-based Intellectual Property Owners' Association (IPO) in a recent letter, here,
to the US Trade Representative stated concern that ACTA “potentially change(s) United States law by transforming what are the commonly occurring non-counterfeit-types of civil action infringements into activity that is to be punished under federal criminal law.”
LUCERNE, SWITZERLAND - There was progress during the ninth round of negotiations for the Anti-Counterfeiting Trade Agreement (ACTA) this week in Lucerne, negotiators said over the last day, and in their final press communiqué they made promises that “ACTA will not interfere with a signatory's ability to respect fundamental rights and liberties,” it would be consistent with World Trade Organization agreements and certainly “not hinder the cross-border transit of legitimate generic medicine.”
An agreement on international intellectual property rights enforcement now under negotiation in Lucerne, Switzerland runs the risk of ushering in a new and undemocratic precedent for international policymaking that could have long-term damaging effects on critical public policy issues, non-negotiating government representatives and civil society advocates said this week.
MUNICH - The staid little Swiss town of Lucerne this week sees round number nine of the negotiations for the Anti-Counterfeiting Trade Agreement (ACTA). While the 11 negotiating parties gather in the Palace Hotel, the Swiss Pirate Party together with their Pirate colleagues from Germany and Switzerland will organise a rally at the Lucerne train station.