Intellectual Property Law

EFF & PK: Government Still Blocking Information on Secret IP Enforcement Treaty

Posted on May 06, 2009
Broken Promises from the Obama Administration Keep Americans in the Dark About ACTA. Public interest groups today called on the US government to stop blocking the release of information about a secret intellectual property trade agreement with broad implications for privacy and innovation around the world...

Global Civil Society Weighs In Supporting Petition for a Non-Commercial Stakeholder Group at ICANN

Posted on May 01, 2009
Dozens of civil society organizations from all corners of the globe signed a statement submitted to ICANN's Public Forum supporting the proposal to form a Non-Commercial Stakeholder Group (NCSG) from the Non-Commercial Users Constituency (NCUC). Supporters of NCUC's petition include non-commercial organizations such as Computer Professionals for Social Responsibility, the Electronic Frontier Foundation, Public Knowledge, FreePress, European Digital Rights Initiative, ARTICLE 19, EPIC, Rits-Brazil, Alfa-Redi, Association for Progressive Communications, African Commons, Internet Society of Mauritius, UWI At-Large, ICT Consumers Association of Kenya, Knowledge Ecology International, Privacy International, Yale Law School Information Society Project, and dozens more...

Robin Gross on CBC Radio’s “As It Happens” to Discuss Sweden’s Pirate Bay Legal Decision

Posted on April 18, 2009

Invitation to Sign Petition Supporting Noncommercial Stakeholder Group Charter at ICANN

Posted on April 15, 2009
Sign Joint Statement Supporting Petition for a Noncommercial Stakeholders Group at ICANN. NCUC invites noncommercial civil society members to consider signing this petition to support NCUC's proposal for a Noncommercial Stakeholder Group. Note: Deadline is today 15 April (5pm in California) to sign-on to the joint civil society statement.

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Global Civil Society Statement in Support of Petition for a Non-Commercial Stakeholders Group at ICANN

Posted on April 15, 2009
Over 60 Non-Commercial Organizations from all corners of the globe signed in support of the petition from the Non-Commercial Users Constituency (NCUC) for a stakeholder group at ICANN including Article 19, Privacy International, EPIC, FreePress, Asociatia pentru Tehnologie si Internet, EDRi, Public Knowledge, CPSR, Electronic Frontier Foundation, ICT Consumer Association of Kenya, AGEA DENSI, Association for Progressive Communications, Knowledge Ecology International, University of West Indies At Large Structure, RITS, Bangladesh NGOs Network for Radio and Communication, Alfa-Redi, Internet Society Mauritius, International Institute for Sustainable Development, FGV-CTS, Asociación por los Derechos Civiles, and many more NGOs

Ralph Yarro and His Anti-Porn Crusaders March on ICANN

Posted on March 19, 2009
ICANN is accepting comments from the public on Yarro and his Anti-Porn Crusaders' March on ICANN until 5 April 2009. SCO Group Chairman Ralph Yarro III, the ultra-conservative behind what Business Week dubbed "the most hated company in tech" (SCO) for stealing the computer code of thousands of Linux open source programmers is now behind efforts to flood ICANN with identical form letters encouraging the adoption of Yarro's "Cybersafety" Constituency during the Public Comment Period...

Non-Commercial Users File Petition to Form Stake-Holder Group at ICANN

Posted on March 16, 2009
The essential elements of this proposal are: Noncommercial stakeholders join the NCSG directly, and the NCSG keeps track of membership and administers voting for Council seats by the membership as a whole. The NCSG is administered by an annually elected Chair and a Policy Committee...

Canada Favours Early Release of ACTA Text (Geist)

Posted on March 14, 2009
"While the U.S. claims that ACTA documents are a matter of national security and the European Parliament demands greater transparency, it would appear that the Canadian delegation would favour an early release of the draft treaty. According to a confidential November 2008 memorandum that was prepared for Stockwell Day, the Minister of International Trade obtained under the Access to Information Act: At the upcoming meeting in December 2008, given its commitment to transparency in international trade negotiations, the Canadian delegation plans to argue for a transparent approach...

Who are the cleared advisors that have access to secret ACTA documents? (KEI)

Posted on March 13, 2009
"The negotiating text of ACTA and many other documents, including even the lists of participants in the negotiations, are secret. The US White House claims the secrecy is required as a matter of "national security". But that does not mean the documents are off limits to everyone outside of the government...

European Parliament to EU: Turn over ACTA docs! (Ars Technica)

Posted on March 12, 2009
The European Parliament has demanded more transparency in the EU, and it made a point of singling out the controversial Anti-Counterfeiting Trade Agreement. Parliament has been considering a general transparency bill, but one amendment to the bill demanded access to ACTA documents?access that negotiators have so far been unwilling to provide...

Copyright treaty is classified for ‘national security’ (CNET)

Posted on March 12, 2009
"President Obama's White House has tightened the cloak of government secrecy still further, saying in a letter this week that a discussion draft of the Anti-Counterfeiting Trade Agreement and related materials are "classified in the interest of national security pursuant to Executive Order 12958...

Non-Commercial Users File Petition to Form Stake-Holder Group at ICANN

Posted on February 28, 2009

WTO Panel Decision on IP Case Favorable to China, Experts Say (TWN)

Posted on February 17, 2009
"The World Trade Organization on 26 January issued a panel report in a case brought by the US challenging China's enforcement of intellectual property rights. While the case has been commonly reported as a victory for the US, careful and detailed analysis of the panel ruling indicates that China's intellectual property laws have been vindicated in the most important areas that were disputed...

ACTA, ISP Liability, Limitations & Exceptions Top Global Copyright Issues in 2009 (IP-Watch)

Posted on February 09, 2009
"The Anti-Counterfeiting Trade Agreement has sparked an outcry from public interest groups. ?The speed with which it has been rushed through - and the secrecy of the meetings and the provisions is alarming,? said IP Justice Executive Director Robin Gross...

Battaglia di copyright sul poster-icona di Obama (La Repubblica)

Posted on February 06, 2009
Il suo poster, con i colori della bandiera americana e la scritta "Hope", speranza, ha fatto il giro del mondo, è stato riprodotto in migliaia di riviste e siti Internet, diventando il simbolo della campagna per le presidenziali di Barack Obama. Ma ora Shepard Fairey, il 38enne illustratore di Los Angeles che con quella locandina ha acquisito fama mondiale, si trova improvvisamente al centro di un presunto caso di violazione di copyright: l'agenzia Associated Press ha accusato l'artista di aver copiato il ritratto del 44esimo Presidente degli Stati Uniti da una foto di sua proprietà.

Associated Press Erroneously Claims Copyright Infringement on Obama’s Image in Campaign Poster

Posted on February 05, 2009
Poster-Child Case for Fair Use or Illegal Art? The Associated Press is claiming that it is the copyright owner of a photograph of President Obama that was used by an Obama supporter to create to poster for the political campaign and the now-famous poster is a copyright infringement of its photo...

AP Alleges Copyright Infringement of Obama Image (Associated Press)

Posted on February 04, 2009
"Robin Gross, an intellectual property attorney who heads IP Justice, an international civil liberties organization, believes that Fairey had the right to use the photo, saying that he intended it for a political cause, not commercial use. "Fairey's purpose of the use for the photo was political or civic, and this will certainly count in favor of the poster being a fair use," said Gross, based in San Francisco...

Details Emerge of Secret ACTA Negotiation (KEI)

Posted on February 03, 2009
"There are plans for the next ACTA negotiation to take place in Rabat, Morocco. However, since none of the Obama trade people have been placed at USTR, this might be delayed. The USTR is still maintaining secrecy over details of the negotiation, including the names of participants and all of the proposed texts for negotiations...

WTO Issues Final Decision On US-China Copyright Dispute (IP-Watch)

Posted on January 27, 2009
China has been found in violation of two of its responsibilities under international rules on trade and intellectual property, and in partial violation of one more, said a World Trade Organization panel report on the US-China dispute over copyright and customs matters released Monday...

Why the U.S. Lost Its WTO IP Complaint Against China. Badly.

Posted on January 27, 2009
The World Trade Organization yesterday released its much-anticipated decision involving a U.S. complaint against China over its protection and enforcement of intellectual property rights. The U.S. quickly proclaimed victory, with newspaper headlines trumpeting the WTO panel's requirement that China reform elements of its intellectual property laws...

WTO Decision in US v. China on IPR (China won on key points, US won minor points)

Posted on January 26, 2009
Read the WTO Decision Here. The WTO, on 26 January 2009, issued the report of a panel that had examined United States? complaint against ?China ? Measures affecting the protection and enforcement of intellectual property rights? (DS362).

Obama Picks Hollywood’s Favorite Lawyer for a Top Justice Post

Posted on January 07, 2009
Obama's voting record in the US Senate on civil rights issues always troubled me. Sure, he talks beautifully. But he voted for some of the worst things that the Bush Administration did to the US and the world (surveillance on US citizens in Patriot Act, telecom immunity for spying, invading Iraq, etc)...

No ACTA Deal Yet As EU Parliament Seeks Narrower Scope, More Transparency (IP-Watch)

Posted on December 20, 2008
"As negotiations on the proposed Anti-Counterfeiting Trade Agreement (ACTA) continued in Paris this week with again no public details the European Parliament Thursday sent a strong signal by requesting transparency in the negotiations. Parliament meeting in Strasbourg on 18 December passed a resolution on the impact of counterfeiting in international trade ?calls on the [European] Commission and the member states to negotiate ACTA under conditions of the utmost transparency towards the EU citizen...

Canada’s Official Statement on Dec. 2008 ACTA Negotiations

Posted on December 19, 2008
The meeting was opened by French Trade Minister, Mrs. Anne-Marie Idrac, who reaffirmed the strong commitment of the EU in favour of intellectual property rights (IPR), against counterfeiting and piracy, and called for constructive and ambitious negotiations...

Paris ACTA Meetings Wrap Up: We’re Safe Until March 2009 (Ars Technica)

Posted on December 19, 2008
"Negotiations on the controversial and largely secret Anti-Counterfeiting Trade Agreement (ACTA) race ever onward, but the process isn't moving quite as fast as proponents had hoped. No deal will now happen before the end of the year, nor before a new US administration takes the reins in late January...

USTR Statement on Dec. 2008 ACTA Negotiations in Paris

Posted on December 18, 2008
The meeting was opened by French Trade Minister, Mrs. Anne-Marie Idrac, who reaffirmed the strong commitment of the EU in favour of intellectual property rights (IPR), against counterfeiting and piracy, and called for constructive and ambitious negotiations...

Internet Governance Forum: ACTA A Possible Show-Stopper For IP Progress (IP-Watch)

Posted on December 14, 2008
The third annual United Nations-led Internet Governance Forum in Hyderabad, India this month addressed a range of topics related to intellectual property rights and the free flow of information, and provided a venue for doubts about a closed-door international anti-counterfeiting treaty negotiation being led by the United States and Japan...

Get Involved in Internet Policy at ICANN: NonCommercial Users Constituency (NCUC) Membership Drive

Posted on December 02, 2008
CALL TO ACTION: Individuals and nonprofit organizations are invited to join ICANN's Non-Commercial Users Constituency (NCUC) to become involved in Internet policy discussions. Protect privacy rights, free expression guarantees, and due process of law regarding Internet domain names by getting involved and joining NCUC today.

A2K@IGF Dynamic Coalition Session: Access to Knowledge and Freedom of Expression Policies for the Development of a Global Information Economy?

Posted on December 02, 2008
Hyderabad, India - 5 December 2008

Canadian Govt. Keeps ACTA Consultation Results Under Wraps

Posted on November 03, 2008
The documents confirm that two countries - the United States and Japan - have emerged as the primary supporters and drafters of the treaty. Countries have met three times in recent months to discuss elements of the treaty with those two countries providing draft treaty language to the other participants just prior to the formal meeting...

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