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Call For Transparency In The Trans-Pacific Partnership Negotiation

In this post, three US law professors explain a recent call by over 30 legal scholars for the US Trade Representative to increase transparency for the Trans-Pacific Partnership Agreement intellectual property chapter, and their response to Ambassador Kirk’s response that he is “strongly offended” by the suggestion that the negotiation is not adequately transparent already.





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    HADOPI Copyright Law To Get New Set Of Teeth With Additional Law

    Published on 16 June 2009 @ 1:39 pm

    By , Intellectual Property Watch

    The Sarkozy government will implement a law aimed at promoting legal online downloading in the coming months despite being prevented from cutting off the internet access of alleged three-time offenders, according to official sources. Meanwhile, the government has already begun preparing a new law that would restore penalties this time decided by a judge rather than by the newly created HADOPI commission. This would conform to a constitutional ruling on the HADOPI law.

    French Culture Minister Christine Albanel said in a 12 June press release that the high-level authority for the diffusion of works and the protection of rights on the internet (HADOPI) would now only be in charge of the prevention of piracy and promotion of legal downloading.

    But a new law, completing the HADOPI law and entrusting a judge with the power to temporarily suspend the internet access of alleged infringers, will be presented to the council of ministers before the end of June, she said. The draft law would then be on the agenda of the extraordinary session of the Parliament in July.

    Albanel also said that as a result, the full “graduated response” mechanism is expected to be set into place in September and that the first emails and registered letters to alleged infringers would be sent in the autumn. The graduated response, or three-strikes policy, would impose penalties on users after three alleged infringements.

    The government’s persistence comes after the French Constitutional Council, which reviewed the constitutionality of the law upon request, on 10 June censored two paragraphs of the so-called HADOPI law which would have instituted a graduated response for alleged copyright infringers on the internet, with a possible service suspension from two months to one year (IPW, Copyright Policy, 11 June 2009).

    The Constitutional Council found that paragraphs 5 and 11 of the law went against the French Declaration of the Rights of Man and of the Citizen from 1789, because it did not guarantee the freedom of communication and expression, and did not allow for the presumption of innocence, as provided for in the Declaration.

    Article 5 empowered the HADOPI Commission to take direct action against users for alleged infringement, rather than putting their case before a judge. Article 11 is related to the responsibility for internet access in infringement cases.

    On 13 June, the law numbered 2009-669 and legally dated 12 June, with the mention of the censored paragraphs, was published in the French Journal Officiel (in French), promulgating it.

    Catherine Saez may be reached at csaez@ip-watch.ch.

     

    Comments

    1. Open Rights Group Newsblog : Blog Archive » HADOPI Copyright Law To Get New Set Of Teeth With Additional Law says:

      [...] Source: Intellectual Property Watch [...]

    2. Marc says:

      it’s dangerous to be french !
      Marc

    3. Dennis Nilsson says:

      This hasn’t anything to do with “copyright”. It’s only a excuse.

      The Sarkozy banana republic government want the french people to be uneducated. Uneducated sheeps is easier to control.

    4. Christine Albanel, la "regina" dei 3 schiaffi è stata licenziata says:

      [...] su Intellectual Property Watch [...]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.