The ACTA draft treaty is covering patent infringement

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The ACTA draft treaty is covering patent infringement

Forum » Front-page / Digital rights » The ACTA draft treaty is covering patent infringement

Started by:

zoobab
Date: 14 Apr 2009 23:27
Number of posts: 38

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Summary:

Wikileaks has published some drafts of the secret ACTA treaty, which aims to give better guns to Patent Trolls. The draft mentions that it covers all the rights covered by TRIPS, so it will cover also patents.

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The ACTA draft treaty is covering patent infringement

zoobab 14 Apr 2009 23:27

Wikileaks has published some drafts (text version) of the secret ACTA treaty, which aims to give better guns to Patent Trolls. The draft mentions that it covers all the rights covered by TRIPS, so it will cover also patents:

2. For the purposes of this section 'goods infringing an intellectual property right' means goods infringing any of the intellectual property rights covered by TRIPS (note 3)

Note that Canada and Singapore wants to restrict the scope to copyright and trademark infringements only, which might be a good thing to avoid harsh sanctions for patent infringement:

[Comment (SG, CAN): Scope of IPR should be confined to copyrights (and related rights) and trademarks.]

[…]

[Comment (SG): Provision is acceptable if IPR in Section 1 covers only copyrights (and related rights) and trademarks, otherwise, footnote 1 is unacceptable. Also, delete phrase "which may be presumed to be the amount of damages referred to in clause (i)" in (ii)]

The EU and US are also fighting over damages, which is a heated topic in the pseudo patent reform right now in discussion in the US Senate:

[Option US (note 1): In the case of patent infringement, damages adequate to compensate for the infringement shall not be less than a reasonable royalty.]

[Comment (EU, CAN): Delete Option US footnote]

The European Commission is also organising a stakeholder meeting in Brussels (Closing date for registration: 15 April 2009) on the 21 April (3.00pm to 5.30pm)

Last edited on 14 Apr 2009 23:28 by zoobab Show more

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zoobab 17 Apr 2009 11:12

According to a document released for public scrutiny by the Council of Ministers wants to push for inclusion of all intellectual property rights, including plant variety rights, geographical indications and software patents:

26. In particular the Community's objectives are:
- to ensure that the text applies to every type of intellectual property rights;
- to impose compensatory damages rather than punitive damages; and
- to ensure that right holders may apply for an injunction against intermediaries.
27. The Committee on Civil Law Matters should keep the negotiations on this Agreement under consideration, in particular as regards its aspects relating to civil enforcement.

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