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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.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    German Ministry Advises Developing Countries Not To Sign ACTA

    Published on 8 May 2012 @ 9:57 am

    By for Intellectual Property Watch

    Germany’s Federal Ministry for Economic Cooperation and Development (BMZ) advises developing countries against signing the Anti-Counterfeiting Trade Agreement, BMZ official Frank Schmiedchen said during a meeting of the Committee of Petitions of the German Parliament yesterday.

    The committee discussed a petition signed by over 60,000 German citizens calling for a stop to the ratification of ACTA by the German Parliament.

    Currently, according to Max Stadler, state secretary in the German Ministry of Justice, there is no ratification process with the chances dwindling that ACTA would make it that far given the resistance in the European Parliament.

    Stadler also said European Digital Commissioner Neelie Kroes’ recent statement that ACTA opponents could stop worrying about ACTA is an indication the agreement might fail.

    Schmiedchen said BMZ came to the conclusion that there would be no negative effects to trade in generic drugs by non-signatory, developing countries with patent-related border controls excluded in the final agreement. With regard to border control measures against potential trademark infringement, this had already been imposed under current EU law and had resulted in a WTO complaint against the EU by India and China. As the Union wanted to avoid involvement in more WTO complaints, a change of current EU law is already under debate, he said.

    The Effect on Seeds, Generics

    But Schmiedchen said what so far has been beneath the radar of nearly everybody is the potential effect of ACTA on seeds.

    According to the information gathered by his ministry, he said, there is a possibility that suddenly “somebody will show up in the fields of a non-signatory country and look what is there.”

    Negative effects on generic drug distribution and trade is a huge concern, Médicins Sans Frontières (Doctors without Borders, MSF) said yesterday in a press release. Despite a far-reaching exclusion of patents from ACTA, for example, overbroad trademark provisions are still there, as is new third party liability, and civil enforcement provisions are applicable to patents unless specifically excluded by an ACTA member state.

    Also third party liability provided for in ACTA would threaten access to medicines as it exposes third parties to the risk of enforcement.

    “NGOs, such as MSF, who provide treatment and funders who support health programs are at risk of injunctions, provisional measures, and even criminal penalties, including imprisonment and severe economic losses,” they said.

    The press release criticises the publication of a draft opinion of the Development Committee (DEVE) in the European Parliament. DEVE rapporteur Jan Zahradil (European Conservatives and Reformers) which recommends adoption of ACTA, alongside the Legal Committee’s Marielle Gallo (European People’s Party). This is contrary to three other committees in the EP, including the lead Committee on International Trade.

    Monika Ermert may be reached at info@ip-watch.ch.

     

    Comments

    1. IPWatch: BMZ recommends developing nations to stay away from ACTA « Sköne Oke says:

      [...] Link to the article. [...]

    2. GenevaLunch » ACTA gets another quiet blow, from the Swiss says:

      [...] agreement. Some 60,000 German citizens have signed a petition against ratification, according to IP Watch in a separate article.Medecin Sans Frontiers said in a press release, also Tuesday, that [...]

    3. Links 13/5/2012: Xfce 4.10, KDE 4.8.3, GNOME 3.5.1, GIMP 2.8 | Techrights says:

      [...] German Ministry Advises Developing Countries Not To Sign ACTA Germany’s Federal Ministry for Economic Cooperation and Development (BMZ) advises developing countries against signing the Anti-Counterfeiting Trade Agreement, BMZ official Frank Schmiedchen said during a meeting of the Committee of Petitions of the German Parliament yesterday. [...]

    4. Hello Athens, drop everything you are doing | ACTA says:

      [...] Federal Ministry for Economic Cooperation and Development advises developing countries against signing ACTA. Interestingly, two ACTA parties are developing countries: Mexico (65th GDP per capita) and Morocco [...]

    5. Blog van Vrijschrift / ScriptumLibre says:

      Duitsland raadt Mexico en Marokko af ACTA te tekenen…

      Het Duitse Federaal Ministerie voor Economische Samenwerking en Ontwikkeling adviseert ontwikkelingslanden de Anti-Counterfeiting Trade Agreement (ACTA) niet te ondertekenen. Opvallend, twee ACTA onderhandelingspartners, Mexico en Marokko, zijn ontwikk…

    6. EP Development committee vote Monday 4 June | ACTA says:

      [...] [1] http://www.ip-watch.org/2012/05/08/german-ministry-advises-developing-countries-not-to-sign-acta/ [...]

    7. Monika cobus | Greatstatescho says:

      [...] German Ministry Advises Developing Countries Not To Sign ACTA … [...]


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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.

     

     
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