Law Commons^™

Acta And Public Health, Peter Maybarduk

Joint PIJIP/TLS Research Paper Series

Although the term “anti-counterfeiting” suggests an agreement limited to preventing trade in counterfeit products, ACTA’s draft provisions, to date, would set new minimum enforcement standards for a range of intellectual property rights. In several areas, these standards could impede legitimate competition, shortchange legal process and shift costs of enforcing private commercial rights to the public.

The parties to ACTA have agreed to narrow some of its provisions in recent months. Despite these improvements to its text, ACTA continues to present risks for global access to medicines, including potentially restricting free transit of generics, imposing chilling effects on the medicines trade, …

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.

Acta, Fool: Explaining The Irrational Support For A New Institution, Gabriel Michael

Joint PIJIP/TLS Research Paper Series

The key players in the Anti-Counterfeiting Trade Agreement (ACTA) negotiations were driven to establish a new institution for intellectual property enforcement because the traditional venues for such matters, the WTO and WIPO, had become inhospitable forums. Yet given the significant division in U.S. domestic economic interests over ACTA’s provisions and the lack of solid theoretical or empirical evidence supporting claims made by proponents of the agreement, it is puzzling that ACTA has commanded the support of the U.S. executive, even across two administrations from opposing political parties. I show why this support cannot be explained as a result of the …

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 …

Untold Stories In South Africa: Creative Consequences Of The Rights-Clearing Culture For Documentary Filmmakers, Peter Jaszi, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help their counterparts in other countries identify and overcome barriers to effective filmmaking posed by escalating
copyright clearance requirements.