infoJustice

IP-ENFORCMENT ROUNDUP

European Commission seeks comments on the Application of its IP Enforcement Directive

The European Commission has released a report and a working paper on the implementation of EU Directive 2004/48/EC on the Enforcement of Intellectual Property Rights.  It is seeking feedback from the public on these documents by March 31.  The report and working paper conclude that the Directive has led to improved enforcement of IP, but suggest that areas remain where the enforcement of IP could be strengthened, and the growth of the internet has given rise to issues not envisioned when the Directive was written.  Some of the areas where the Directive may be in need of “clarification” are intermediary liability, the size and dissuasive effect of damages, and the balance between the right to information and privacy laws.  Click here for more.

Text of the EU-India Free Trade Agreement Released – Civil Society Responds

CIS-India has posted the current IPR chapter of the EU-India FTA.  The text shows the positions of Indian and EU negotiators on each provision, and it shows that India is rejecting TRIPS-Plus Enforcement provisions related to border measures for goods in transit, intermediary liability, and more severe standards for damages.  Click here for more.

Call for mobilization in favor of the Brazilian copyright law reform

A public letter from activists, academics and artists to the recently appointed Brazilian Minister of Culture is requesting the continuation of the copyright reform and is open for worldwide signatures. The proposal for copyright reform, submitted to public consultation last year, would introduce vital changes, such as the right to non-commercial private copy of works, the criminalization of DRM usage if used to hamper the exercise of limitations and exceptions, and the introduction of non-voluntary licenses. Nevertheless, the Minister´s initial position has been that the draft text of the copyright reform needs to be reviewed and re-discussed. The law proposal should have been sent to Congress late last year.  Click here for more.

Misleading concepts in the Brazilian government´s recent proposal on IP enforcement

Filed in January, 5th and numbered as PL 8052/2011, the draft bill alters the Code of Criminal Procedure in order to speed up the trials of copyright crimes.  Proposed measures include lowering the requirements to retain and store seized goods for evidence and the right to base charges on a sample of goods, rather than a complete itemization of infringing items (a relevant issue when dealing with large quantities of pirated discs, for example). Click here for more.

January 18-19: Gathering of the A2K Global Academy, Cape Town

A gathering of the Access to Knowledge (A2K) Global Academy will be convened by the Information Society Project (Yale) on January 18-19, 2011 in Cape Town, South Africa.  The A2K Global Academy is a network of academic centers dedicated to research, education, and policy analysis promoting access to knowledge. Click here for more.

January 18-19: State of the Net Conference, Washington DC

The Advisory Committee to the Congressional Internet Caucus is holding its 2011 “State of the Net Conference” on January 18 and 19 in Washington, D.C.  The industry-sponsored event will include keynote addresses by Representatives Blackburn and Goodlatte, Department of Commerce General Counsel Cameron Kerry, and Immigration & Customs Enforcement Director John Morten.  Panels at the event include “Rooting Out Online Copyright Pirates with COICA: Will It Work?” and “Can the US Continue to Support a Free Global Internet in the Age of Wikileaks, Cyberwar and Rampart Copyright Piracy?”  For more information and the full agenda, see: http://www.netcaucus.org/conference/2011/

Other Upcoming Events

On January 25, the EU’s Directorate General for Trade will hold an open Civil Society Dialogue Meeting on ACTA.  On February 2-3, the Sixth Global Congress Combating Piracy will take place in Paris, co-hosted by WIPO and INPI, in partnership with Interpol, the World Customs Organization, BASCAP, and the International Trade Mark Association. The International Federation of Library Associations will host Libraries Driving Access to Knowledge: Action for Europe in April.  Thiru Balasubamaniam from KEI has posted key dates for upcoming WHO, WIPO and WTO meetings on intellectual property.  WIPO has also published a list of its Conferences, Meetings and Seminars to be held in the first half of 2011.  For future reference, PIJIP is creating an ongoing list of upcoming events which will be available here

Contributors: Mike Palmedo, Marilia Maciel, Joana Varon, Malini Aisola.