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The Global Ip Upward Ratchet, Anti-Counterfeiting And Piracy Enforcement Efforts: The State Of Play, Susan Sell
The Global Ip Upward Ratchet, Anti-Counterfeiting And Piracy Enforcement Efforts: The State Of Play, Susan Sell
Joint PIJIP/TLS Research Paper Series
Proponents of an IP maximalist agenda increasingly have been rebuffed in recent years. Developing country governments, NGOs, and Access to Knowledge (A2K) advocates have thwarted their efforts to ratchet up standards of intellectual property protection in multilateral intergovernmental forums such as the World Trade Organization, the World Intellectual Property Organization, and the World Health Organization. A2K advocates challenge the premises behind ever higher and broader intellectual property protection and seek, if not a rolling back of IP rights, at the very least a standstill. They argue that in the balance between rights and obligations, IP maximalists assert their rights without …
Will Individuals Aboard The Cultural Pirate Ship Be Struck By The Acta's Cannon Ball?, Shalom Andrews
Will Individuals Aboard The Cultural Pirate Ship Be Struck By The Acta's Cannon Ball?, Shalom Andrews
Joint PIJIP/TLS Research Paper Series
Combating internet piracy is a global challenge. Fundamentally, piracy lingers because it has become a culturally acceptable behaviour that is under-enforced. The Anti-Counterfeiting Trade Agreement (ACTA) is the latest enforcement measure aimed at sinking the pirate ship.
The first part of this paper will explore piracy as a cultural phenomenon and how it interacts with Australian civil and criminal law. Pirates, who have awareness that their plundering is wrong, convince themselves that: there are moral grounds for their escapades; there is a government conspiracy to reduce internet freedom; they are fighting globalisation by attacking the corporations who reap disproportionate booty, …
Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People, Andrew Rens
Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People, Andrew Rens
Joint PIJIP/TLS Research Paper Series
ACTA is billed as a trade agreement, and it is likely to have a far reaching impact on the poorest people in the world. ACTA's purported aim is to increase the efficacy of enforcement of intellectual property. However, like the enforcement agenda that gave rise to it, ACTA's provisions threaten access to medicines, access to learning materials, and access to markets by developing countries, and in so doing threaten development.
The Impact Of The Anti-Counterfeiting Trade Agreement (Acta) On Canadian Copyright Law, Elizabeth Judge, Saleh Al-Sharieh
The Impact Of The Anti-Counterfeiting Trade Agreement (Acta) On Canadian Copyright Law, Elizabeth Judge, Saleh Al-Sharieh
Joint PIJIP/TLS Research Paper Series
With the advent of The Anti-Counterfeiting Trade Agreement (ACTA), the protection and enforceability of intellectual property rights will continue growing. Canadians, like other citizens whose countries may adhere to this treaty, would notice major changes to the legal systems regulating their rights and obligations with respect to intellectual property. With respect to copyright law, by deciding to be a party of ACTA, Canada would be facing a true challenge of fulfilling its international obligations and at the same time preserving its carefully drawn copyright law and policy. This paper argues that the impact of ACTA on Canadian copyright law would …
Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy, Alberto Cerda Silva
Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy, Alberto Cerda Silva
Joint PIJIP/TLS Research Paper Series
Enforcing the law in the digital environment is one of the main challenges of the Anti-Counterfeiting Trade Agreement (ACTA). In order to enforce the intellectual property law, unlike previous international agreements on the matter, ACTA attempts to set forth provisions concerned with privacy and personal data. Special provisions refer to law enforcement in the digital environment; ACTA would require the adoption of domestic law to allow identifying supposed infringers and, consequently, the collaboration of the online service providers (OSPs) with rights holders. However, those provisions raise some human rights concerns, particularly as related to the right to privacy of Internet …