Intellectual Property Law Commons^™

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …

Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking, David S. Levine

Joint PIJIP/TLS Research Paper Series

The negotiations of the Anti-Counterfeiting Trade Agreement (ACTA) have been marred by a level of attempted secrecy heretofore unseen in international intellectual property lawmaking. Simultaneously, the Freedom of Information Act (FOIA) has been used in several significant national contexts to prevent the disclosure of data and information in ways that call into question its efficacy as an effective regulation of governmental knowledge. This paper seeks to tie together these two recent developments in order to (a) prevent future international intellectual property law negotiations from being unduly secret and (b) encourage Congress to consider reforming FOIA in light of current public …

Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García

Bruno L. Costantini García

De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades …

Will The Patent Act Survive 2110?, Severin De Wit

Severin de Wit

No abstract provided.

Protocolo De Investigación “La Flexibilidad En El Procedimiento De Licitación Pública Federal De México”, Norma E. Pimentel

Norma E Pimentel

No abstract provided.

The Case Ebay Inc. Vs. Mercexchange Llc, It's Impact On Npes And Patent Enforcement, Severin De Wit

Severin de Wit

The article describes the impact of US court decision eBay vs. MercExchange on patent injunctions, seen from a European perspective. It deals with European equivalents of injunctive relief. Debates about Patent Reform have a tendency to evolve also around the issue of patent trolls and whether they constitute a threat to the patent system or to innovation (or both). As patent trolls produce no goods, nor do they "practice" the patented invention themselves, trolls have been labeled a "threat" to operating companies. Authors defends that NPEs have gone through considerable effort to locate and acquire patents that remain undervalued, unused …

La Prescripción Adquisitiva De Dominio, David García

David García

No abstract provided.

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, …

Acta: Risks Of Third Party Enforcement For Access To Medicines, Brook K. Baker

Joint PIJIP/TLS Research Paper Series

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 …

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 …

Where Copyright Enforcement And Net Neutrality Collide - How The Eu Telecoms Package Supports Two Corporate Political Agendas For The Internet, Monica Horten

Joint PIJIP/TLS Research Paper Series

This paper discusses a change to European Union (EU) telecoms law which de facto permits operators to impose restrictions on network traffic, and which enables such restrictions to be imposed for the purposes of copyright enforcement—thus it simultaneously facilitates two different policy agendas from the copyright and telecoms industries—‘three-strikes’ as well as ‘traffic management.’ The mechanism is a provision concerning users’ contracts, supported by generic provisions addressed to EU governments and regulators. The change went into law in late 2009, within the so-called ‘Telecoms Package,’ which, together with the E-commerce directive, establishes the EU legal framework for telecoms networks. In …

Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author discusses the subtle differences between Copyright and Author's Rights. Then he goes into analyzing the different ways a work can become part of the public domain and how it varies from jurisdiction to jurisdiction and from time to time.////////////////////////////////////////////////////El autor analiza las sutiles diferencias entre los derechos de autor y el copyright. Posteriormente se adentra en el análisis de las formas en las que una obra entra dentro del dominio público, y como estas varían dependiendo del territorio y de la época.

Flouting The Elmo Necessity And Denying The Local Roots Of Interpretation: "Anthropology's" Quarrel With Acta And Authoritarian Ip Regimes, Alexander S. Dent

Joint PIJIP/TLS Research Paper Series

This paper uses an anthropological definition of culture to examine the intensification of intellectual property policing, coupled with an expansion of its definition. These are ACTA’s aims. I argue that acts of sharing lie at the root of communication; humans must share in order to learn. Furthermore, symbols change their meaning as they circulate in different cultural contexts. Therefore, in denying the fundamental importance of sharing and local interpretation, ACTA will not only fail spectacularly as a policy document. It will also fuel a “war” on file-sharers, users of generic medicines, and manufacturers, sellers, and buyers of imitative goods and …

Wipo And The Acta Threat, Sara Bannerman

Joint PIJIP/TLS Research Paper Series

The new Anti-Counterfeiting Trade Agreement (ACTA) has been seen as a potentially existential threat to the existing World Intellectual Property Organization (WIPO) – as a new plurilateral institution that could replace the older multilateral organization. The ACTA threat to WIPO has a number of predecessors. WIPO’s centrality to international intellectual property norm-setting encountered its first major challenge in 1952 when the Universal Copyright Convention was established under UNESCO. It encountered a second major challenge with the establishment of the Agreement on Trade-Related Aspects of Intellectual Property (the TRIPs Agreement). The ACTA challenge thus potentially represents a third instance where a …

Acta's Abandoned Third-Party Liability Provisions And What They Mean For The Future, Michael R. Morris

Joint PIJIP/TLS Research Paper Series

One of the most controversial aspects of the proposed Anti-Counterfeiting Trade Agreement (ACTA) was its requirement that signatories adopt a system of secondary liability akin to that which has developed in American law, but without the protections that have been carved out by statute and court. This white paper examines and explains the concept of secondary liability; the controversy surrounding its incorporation into ACTA; its exclusion from the ACTA draft leaked in August 2010, and the future of secondary liability expansion.

Acta As A New Kind Of International Ip Law-Making, Kimberlee Weatherall

Joint PIJIP/TLS Research Paper Series

The ACTA negotiations are important not only for the potential impact of the treaty itself, but for what they can teach us about the dynamics of intellectual property law-making and the structure of the IP treaty framework. This paper draws two broad lessons from the progress of the ACTA to date which, while not entirely new, can be understood in a new light by looking at the detailed development of the ACTA text: (1) that the global IP 'ratchet' is not inexorable; and (2) that the international IP treaty framework is very poorly adapted to developing exceptions. The relevance of …

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 …

Acta And The Specter Of Graduated Response, Annemarie Bridy

Joint PIJIP/TLS Research Paper Series

This short paper, prepared for a workshop on the Anti-Counterfeiting Trade Agreement (ACTA) and the Public Interest at American University’s Washington College of Law, considers the draft Internet provisions of ACTA in the context of concerns raised in the media that the treaty will require signatories to mandate graduated response regimes (à la France’s controversial HADOPI system) for online copyright enforcement. Although the Consolidated Text of ACTA, released in late April, confirms that mandatory graduated response is off the table for the treaty’s negotiators, the treaty in its current form both accommodates and promotes the adoption of graduated response. Moreover, …

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.

Public Interest Representation In Global Ip Policy Institutions, Jeremy Malcolm

Joint PIJIP/TLS Research Paper Series

This paper compares the institutional and procedural arrangements that a range of global institutions make for civil society representation and input into policy development processes on intellectual property issues. The context for this analysis comes from two sets of norms for multi-stakeholder public policy development that exist in other regimes of governance: those of the Aarhus Convention (for environmental matters), and those of the Tunis Agenda for the Information Society (for Internet governance). These global norms, along with the actual practices of the institutions involved in global governance of intellectual property rights, are then contrasted with the proposed new institutional …

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 …

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, …

Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring

Annual Survey of International & Comparative Law

This note discusses the procedure of dispute resolution in the World Trade Organization (WTO). The note goes on to discuss WTO disputes involving intellectual property to date and the possible impacts of the WTO dispute resolution procedures on the determination of substantive issues of intellectual property law, using dispute WS 160 involving the Fairness in Music Licensing Act, as an example. The note concludes that the same concerns about lack of due process and inability of amici to appear in the proceedings that cause concern in the environmental field are also causes of concern with respect to intellectual property rights …

Trips Agreement Implications For Asean Protection Of Computer Technology, Marie Wilson

Annual Survey of International & Comparative Law

The new Trade-Related Aspects of Intellectual Property Agreement (the TRIPs Agreement), a result of the recent General Agreement of Tariffs and Trade (GATT) Uruguay Round, represents a major step toward providing the global trading system with more effective rules and enforcement procedures for the protection of all forms of intellectual property. The author presents a comprehensive analysis of the TRIPs Agreement requirements and of their ramifications for intellectual property protection and enforcement in the Association of East Asian Nations (ASEAN). The paper concludes with an assessment of the future ofcomputer technology protection in the ASEAN countries.

Pautas A Seguir Para Incluir La Cláusula De Liberación De Protesto, David García

David García

No abstract provided.

From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos

Michael Diathesopoulos

This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …

Increasing Revenue In Developing Nations Through Intellectual Property Rights: Why A Diversified Approach To Intellectual Property Protection With A Focus On Geographical Indications Is The Best Method, Philip Matthews

Buffalo Intellectual Property Law Journal

No abstract provided.

Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García

Bruno L. Costantini García

Anális de los elementos constitutivos del delito fiscal, la acción delictiva, los grados de ejecución, la consumación y los responsables.

Pretende distinguir el delito penal común del delito penal fiscal con base en sus elementos y pretende aportar una reflexión de la criminalización del delito fiscal en nuestros tiempos, usado por la Autoridad Hacendaria como un medio de represíón y de opresión de los derechos del contribuyente.

Csmysore Newsletter, Cs. Sunil Kumar B.G., Csmysore E-Group

Sunil B.G. & Associates

This Contains the latest updates on various topics relating to corporate professionals and also contains useful articles