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Full-Text Articles in Intellectual Property Law
Acta And Access To Medicines, Sean Flynn, Bijan Madhani
Acta And Access To Medicines, Sean Flynn, Bijan Madhani
Sean Flynn
The Greens/EFA Internet Core Group in the European Parliament, and a collection of its individual members, commissioned this analysis of potential impacts of the Anti-Counterfeiting Trade Agreement (ACTA) on access to medicines in developing countries.” On the whole, ACTA negotiators created an agreement that shifts international “hard law” rules and “soft law” encouragements toward making enforcement of intellectual property rights in courts, at borders, by the government and by private parties easier, less costly, and more “deterrent” in the level of penalties. In doing so, it increases the risks and consequences of wrongful searches, seizures, lawsuits and other enforcement actions …
Submission To The Joint Standing Committee On Treaties Inquiry Into The Anti-Counterfeiting Trade Agreement, Kimberlee G. Weatherall
Submission To The Joint Standing Committee On Treaties Inquiry Into The Anti-Counterfeiting Trade Agreement, Kimberlee G. Weatherall
Kimberlee G Weatherall
Independent submission to JSCOT Inquiry into ACTA. Considers whether Australia should ratify ACTA, and in the process considers problems with ACTA.
Acta - Risks Of Third-Party Enforcement For Access To Medicines, Brook Baker
Acta - Risks Of Third-Party Enforcement For Access To Medicines, Brook Baker
Brook K. Baker
In its current near-final draft form, the Anti-Counterfeiting Trade Agreement [ACTA] being negotiated plurilaterally—and largely secretly—by a self-selected group of countries proposes to allow preliminary and final injunctive relief against third parties (third-party enforcement) to prevent infringement of intellectual property rights and/or to prevent infringing goods from entering into the channels of commerce. There is lingering uncertainty whether the relevant civil enforcement section will apply to the entire range of intellectual property rights or whether patents will be excluded. If patents are excluded, the dangers in ACTA would be reduced but not eliminated—new globalized forms of third-party enforcement would still …