IP Justice Recommendations for a Development Agenda at WIPO

By |September 24th, 2007|

IP Justice Recommendations for the 2007 WIPO General Assembly on the WIPO Development Agenda
In 2004, at the General Assembly of the WIPO, two member nations Brazil and Argentina submitted proposals for establishing a Development Agenda for WIPO.  This proposal found wide support from most member nations to WIPO.  As you all know, the proposal for […]

KEEP THE CORE NEUTRAL: Global Petition Urges ICANN to Protect Free Expression and Innovation in Domain Name Policy

By |June 29th, 2007|

"The "Keep The Core Neutral" campaign officially launched this week with an educational workshop at the 29th meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) in San Juan, Puerto Rico. ICANN handles technical coordination of the Internet and sets policy surrounding the domain name system (DNS), the Internet’s basic addressing system that allows people to locate web sites and use email. The DNS is informally called the technical “core" of the Internet. The Keep The Core Neutral Coalition launched with over 100 members from around the world, including both individuals and organizations. Coalition members signed a petition urging ICANN to resist efforts to evaluate applications for new generic top-level domains (gTLDs) based on non-technical criteria such as ideas about morality and competing national political objectives. ..."

Joint NGO Statement at the 2nd Special Session of WIPO’s SCCR

By |June 20th, 2007|

We call upon WIPO delegates to reject the proposed WIPO Broadcast Treaty. After more than 9 years of discussions, efforts to find a treaty formulation that deals with piracy of broadcast signals, but which does not harm copyright owners and the legitimate users of broadcasts have failed.

Legal Briefing Paper from Law Professor Christine Haight Farley on GNSO Recommendations for Domain Name Policy

By |June 6th, 2007|

Before I make observations specific to these recommendations, I would like to offer some general remarks about the overall incongruence between trademarks and domain names. It is important to note at the outset this general lack of equivalence between trademark law and domain name policy. For instance, trademark law the world over is fundamentally based on the concept of territoriality. Thus trademark law seeks to protect regionally and market-based marks without implication for the protection or availability of that mark in another region. In contrast, domain names have global reach, are accessible everywhere and have implications for speech around the world. ...

Landmark Ruling: DVD-Unlocking Code Ruled Lawful in Europe

By |May 25th, 2007|

A Finnish Court has ruled that the Content Scrabling System (CSS) computer code, which unlocks DVD movies, is lawful in Europe. The decision was a first to interpret the legality of DVD decoding software under the 2001 European Copyright Directive. .... This ruling is good news for consumers and innovators who want to build interoperable tools that will permit consumers to engage in a full range of lawful activities with their digital media collections, like making digital movie archives and video "mash-ups". Besides applying across the EU, European experts believe this ruling will apply across media platforms and not restricted only to DVDs.

Statement of American Bar Association at IGF Open Consultation

By |May 23rd, 2007|

Statement of American Bar Association
delivered by Henry Judy
at the United Nations Internet Governance Forum (IGF)
23 May 2007 – Geneva

CHAIRMAN DESAI:  Thank you very much. Can I now turn to Henry Judy of the American Bar Association?

HENRY JUDY:  Thank you, Mr. Chairman.  My name is Henry Judy.  I’m with the American Bar Association, a civil society […]

Report on WIPO in 2007 Global Information Society Watch

By |May 18th, 2007|

By Robin Gross. New leadership is needed at WIPO in key positions, like the chairmanship of WIPO’s copyright committee. The WIPO delegates themselves must hold WIPO accountable for its actions, by refusing to re-elect leaders who consistently ignore the explicit instructions of the WIPO General Assembly to pursue their own agenda. The proposed Broadcasting Treaty could not be a better example - where the WIPO General Assembly has told the WIPO Copyright Committee Chair Jukka Liedes that the proposed Broadcasting Treaty should be a “signal-based” approach, which still protects broadcasts from theft without creating a new set of exclusive rights. Yet Liedes continues to draft the proposals for the treaty with his preferred approach of creating new intellectual property rights for broadcasting companies. ....

2007 Report: IP Justice on WIPO in Global Information Society Watch

By |May 18th, 2007|

I’ve written a chapter about the World Intellectual Property Organization (WIPO) in a new report entitled “Global Information Society Watch” published by the Association for Progressive Communications (APC) and (iTeM). Besides WIPO, the report includes a number of other articles about global policy-making institutions such as ICANN, ITU, UNESCO, and UNDP. […]

“Special 301” in Action: Relationship Between Trade Organizations and USTR

By |May 13th, 2007|

How the trade group, the International Intellectual Property Association (IIPA) Drives the Agenda at the Office of the US Trade Representative through the "Special 301" Process by Filing Annual Reports on Intellectual Property related trade losses.

2007 USTR Special 301 Report: US Dictates Domestic Policies on Intellectual Property to Foreign Nations

By |April 30th, 2007|

The Bush Administration’s Office of the US Trade Representative (USTR) issued its much anticipated annual report of foreign countries targeted by the US for insufficiently protecting the interests of US intellectual property owners abroad. Under “Section 301” countries face crippling trade sanctions in retaliation from the US. A total of 43 countries were placed on the USTR's Section 301 Report in 2007. According to the annual review, US monopolies on producing medicine, CDs, and DVDs continue to be the main focus of US IPR foreign policy. China and Russia received a special lashing from the Bush Administration and were placed on the more serious "Priority Watch List" - as expected.