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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.

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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    New EU Communication On Increased IP Enforcement

    Published on 14 September 2009 @ 6:34 pm

    By , Intellectual Property Watch

    BRUSSELS – The European Commission Trade Directorate today announced the adoption of a “communication on enhancing the enforcement of intellectual property rights” within the European Union internal market that aims at greater coordination but stops short of new legislative measures.

    The Commission laid out “practical initiatives to respond to the dramatic and damaging effect that counterfeiting and piracy is having on EU economies and on society in general,” it said in a release. The Commission plans to increase collaboration between the private sector, national authorities and consumers.

    Internal Market and Services Commissioner Charlie McCreevy was quoted as saying more legislation is not what is needed to stem counterfeiting that is harming EU innovation and creativity, but rather stronger collaboration under existing laws. This will ensure an “efficient, proportionate and predictable system of enforcement,” the release said. The EU implemented a new EU Observatory on counterfeiting and piracy in 2008 which will bring stakeholders together to gather, analyse and respond to data. The communication also calls on the 27 EU member states to designate national coordinators, and an electronic network for information sharing is being set up. And it calls for coalitions between stakeholders in “collaborative voluntary arrangements” which it said could be extended beyond European borders.

    The communication came from the Commission’s “IPR Strategy for Europe” adopted last year and builds on a recent European Council (member state representatives) resolution on a comprehensive anti-counterfeiting and anti-piracy plan, it said.

    There was no mention of the ongoing negotiation of the Anti-Counterfeiting Trade Agreement (ACTA). There also was no mention of problems of European national authorities’ erroneous seizures of legitimate generic medicines passing through from India to developing countries, which could be the subject of a World Trade Organization dispute brought by India.

    The International Federation of the Phonographic Industry (IFPI) praised the announcement and committed to working fully on the measures. But it also called for stronger legislative solutions in the future.

    “Action is needed now. Past experience has shown that such a non-legislative approach, while an excellent platform, does have its limits in delivering real change,” IFPI Chairman and CEO John Kennedy said in a statement. “We will therefore do everything to support these new measures, while at the same time working with the Commission on the next step, which in our view would consist of strengthening the legislative framework.”

    The Commission communication is available here.

    The Council resolution is available here [pdf].

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. UE, un osservatorio per il copyright says:

      [...] e contraffazione, sia all’interno che all’esterno dei mercati europei. Per questo la Commissione ha annunciato la nascita di un Osservatorio sulla contraffazione e la pirateria, che vada a monitorare e aiutare [...]

    2. IPReader links for 21 September says:

      [...] Intellectual Property Watch | New EU Communication On Increased IP Enforcement – “The Commission plans to increase collaboration between the private sector, national authorities and consumers.” [...]

    3. Tove Graulund says:

      Can anyone please explain to me, not being very creative in my thinking, what the role of the national IP offices will be in this work with some practical examples, cf. 3. last para. Would it not be better to build on existing structures?

    4. Portfolio 14-18 Settembre | Diritto&Internet says:

      [...] L’Unione Europea crea un Osservatorio sulla contraffazione e la pirateria (Intellectual Property Watch) [...]


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    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.