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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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    EU Trade Commissioner Makes Last Appeal For Delay Of ACTA Vote

    Published on 3 July 2012 @ 7:08 pm

    Intellectual Property Watch

    EU Trade Commissioner Karl De Gucht today made a last appeal to the European Parliament today to delay the decision on the Anti-Counterfeiting Trade Agreement (ACTA) in order to allow the European Court of Justice to give its opinion. But he met with strong indications that a rejection of the controversial agreement may be coming tomorrow.

    With few exceptions, Parliament members – mostly from the conservative European Peoples Party Group (EPP) – announced they would reject ACTA in tomorrow’s vote, mainly due to vagueness in the legal terms like commercial use and risk of private policing of the internet.

    De Gucht was heavily criticised by many for his handling of the dossier. Green Party Group member Jan Albrecht said that Parliament was not informed, even ignored, during the process, and that an attempt to ask for a Court opinion before signing the contract had not been supported.

    Members of the Liberals, Socialists&Democrats, the Left Party Group and many smaller party groups said now it is time to take a political decision and in that acknowledge the opinions of the millions who had taken to the street against the agreement.

    The rapporteur, British S&D member David Martin, concluded the lengthy debate in which many MEPs wanted to give their opinions on ACTA by saying what worried him was that those who listened to the protesters on the streets were said to be populists, while those listening to lobbyists of big companies were said to be responsible.

    Martin’s recommendation for the vote tomorrow morning is to reject the agreement. He said the challenge all have to face after ACTA is to find the right balance between securing a living for creators and innovators while keeping the network open and free.

    De Gucht agreed that there are gaps in substantive law with regard to IP protection, but said that if ACTA is not kept alive the substantive discussion might die down.

    But many members of Parliament said that it was just without ACTA that the much-needed copyright reform in the digital age could take off without being restrained from the beginning.

     

    Comments

    1. Byte says:

      “But many members of Parliament said that it was just without ACTA that the much-needed copyright reform in the digital age could take off without being restrained from the beginning.”

      Correct. The only way to do this is to go zero-base, i.e. the new framework will *replace* everything that was before. Otherwise you’d already start with a “life+” and “half a century”. Throw it all out the door, and start from scratch. Build a new framework for the 21st century. And most importantly: do this through WIPO and outlaw any IPR Chapters in trade agreements that go over and above the WIPO 21st Century IPR Agreement.


    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.

     

     
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