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Articles 1 - 8 of 8
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
Joint PIJIP/TLS Research Paper Series
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 …
A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn
A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn
Law Student Publications
This Article examines two of the more credible criticisms leveled against the ACTA and evaluates the credibility of each. First, some allege that the agreement is a treaty masquerading as an executive agreement. The distinction is significant because treaties may modify U.S. law and require congressional approval, while executive agreements must accord with existing law and require only presidential approval. The second criticism is the systemic lack of transparency throughout the negotiation process. Though these are not the only criticisms – far from it – they are the two most significant and stand on the most solid ground.
Acta's Constitutional Problem: The Treaty That Is Not A Treaty (Or An Executive Agreement), Sean Flynn
Acta's Constitutional Problem: The Treaty That Is Not A Treaty (Or An Executive Agreement), Sean Flynn
Joint PIJIP/TLS Research Paper Series
The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).
Acta Fool Or: How Rights Holders Learned To Stop Worrying And Love 512’S Subpoena Provisions, Colin E. Shanahan
Acta Fool Or: How Rights Holders Learned To Stop Worrying And Love 512’S Subpoena Provisions, Colin E. Shanahan
Marquette Intellectual Property Law Review
This comment argues against the adoption of the proposed Anti-Counterfeiting Trade Agreement. Specifically, that the ACTA provision establishing “[p]rocedures enabling right holders who have given effective notification of a claimed infringement to expeditiously obtain information identifying the alleged infringer” should not extend the current subpoena provisions of 17 USC § 512(h) to encompass p2p networks. The Comment discusses the current U.S. law and cases, why the rights holders want the ACTA Agreeement and argues why the ACTA agreement should not be adopted.
Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn
Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn
Joint PIJIP/TLS Research Paper Series
The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).
Parchment, Pixels, & Personhood: User Rights And The Ip (Identity Politics) Of Ip (Intellectual Property), John Tehranian
Parchment, Pixels, & Personhood: User Rights And The Ip (Identity Politics) Of Ip (Intellectual Property), John Tehranian
University of Colorado Law Review
This Article challenges copyright's prevailing narrative on personhood, which has typically focused on the identity interests that authors enjoy in their creative output. Instead, the analysis explores the personhood interests that consumers possess in copyrighted works. Drawing on a wide range of examples-from flag burning as copyright infringement, the "Kookaburra"c ontroversy, and the crowd-sourced origins of the Serenity Prayer to the reported innumeracy of the enigmatic Piraha Amazonians, the apocryphal source of ancient Alexandria's Royal Library and the unusually fragile nature of digital media-the Article advances a Hegelian refutation to intellectual property maximalism and a theory of copyright that recognizes …
An Overview And The Evolution Of The Anti-Counterfeiting Trade Agreement (Acta), Margot E. Kaminski
An Overview And The Evolution Of The Anti-Counterfeiting Trade Agreement (Acta), Margot E. Kaminski
Joint PIJIP/TLS Research Paper Series
The Anti-Counterfeiting Trade Agreement (ACTA), a plurilateral intellectual property agreement developed outside of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), represents an attempt to introduce maximalist intellectual property standards in the international sphere, outside of existing institutional checks and balances. ACTA is primarily a copyright treaty, masquerading as a treaty that addresses dangerous medicines and defective imports. The latest ACTA draft, which is the final text available to the public before the signed text is released, contains significant shifts away from earlier draft language towards more moderate language, although it poses the same institutional problems …
Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn
Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn
Articles in Law Reviews & Other Academic Journals
On the eve of the United States’ entry into the Anti-Counterfeiting Trade Agreement (“ACTA”), there is considerable confusion as to just what legal effect the agreement will have. In written answers to Senator Ron Wyden, the United States Trade Representative (“USTR”) went to lengths to describe ACTA as non-binding, asserting that “ACTA does not constrain Congress’ authority to change U.S. law,” and that it would operate only as an “Executive Agreement” that “can be implemented without new legislation.” But European negotiators have described the agreement to their legislature in very different terms, asserting that ACTA is “a binding international agreement …