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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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    US Online Counterfeit Crackdown Raises Global Policy Questions

    Published on 29 November 2010 @ 11:49 pm

    Intellectual Property Watch

    In a move aimed to protect domestic intellectual property rights, the United States Justice Department today announced the suspension of 82 internet domain names on suspicion of selling counterfeit sports equipment, clothes and DVDs, music and software. But some used the opportunity to engage in scaremongering such as safety of families from harmful counterfeits, though none of the products involved appeared to fit that fear.

    US Attorney General Eric Holder called the announcement, timed to coincide with “cyber Monday” – a day created to encourage online shopping – “an important step in our ongoing efforts to protect the interests and safety of consumers, to ensure the strength of our markets, and to safeguard the intellectual property rights of innovators and entrepreneurs.” He said the actions targeted: “online retailers of a diverse array of counterfeit goods, including sports equipment, shoes, handbags, athletic apparel, sunglasses, and illegal copies of DVDs, music and software.” Nothing unsafe sounding there, unless you count bad sneakers, bad fashion, or bad taste in music.

    Rights holder groups such as the Motion Picture Association of America (which called the 82 the “‘worst of the worst’ rogue websites”), the Recording Industry Association of America and the Copyright Alliance issued statements hailing the action to protect copyrighted and trademarked content online.

    But the US Chamber of Commerce quickly aimed the announcement to stoke conversation among families around the kitchen table. It acknowledged that the cases targeted luxury goods, jewelry, and sports memorabilia, then shifted the focus by lecturing, “But counterfeit products do not have to comply with government or industry manufacturing standards. They are frequently of poor quality and can pose serious health or safety risks to unwary consumers. Maryland Attorney General Gansler has posted on his website some important steps that online shoppers can take to protect themselves from dangerous counterfeits sold on the Internet. Everyone loves a bargain, but exposing your family to faulty and dangerous products is no bargain.”

    The action could also raise a question of whether one government has the right to shut down a domain name worldwide. But then the US does still have unique control of underlying changes to the internet.

    The domain names cited in the case are listed here [pdf].

    Categories: IP Live, English

     

    Comments

    1. ISP Reading Group: Free Speech, Information Security, and Democratic Values : Information Society Project at Yale Law School says:

      [...] US Online Counterfeit Crackdown Raises Global Policy Questions [...]


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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.