[A2k] IP Enforcement Roundup - May 16, 2011

Michael Palmedo mpalmedo at wcl.american.edu
Mon May 16 10:34:35 PDT 2011

Senator Leahy Introduces the PROTECT-IP Act 


Sen. Leahy introduced the Preventing Real Online Threats to Economic
Creativity and Theft of Intellectual Property  (PROTECT-IP) Act  on May
12, designed to combat websites "dedicated to infringing activities."
The legislation (S. 968) is cosponsored by Sens. Schumer, Feinstein,
Whitehouse, Graham, Kohl, Coons, and Blumenthal.  According to the
official summary, the legislation would allow the Justice Department
obtain court orders against these sites and require third parties to
"either prevent access to the internet site (in the case of an internet
service provider or search engine), or cease doing business with the
internet site (in the case of a payment processor or advertising
network)."  Unlike last year's Combating Online Infringements and
Counterfeits Act, private IP owners can bring similar actions against
payment processors and advertisers.  The PROTECT-IP Act also contains a
safe harbor for firms that take voluntary actions against sites selling
illegitimate pharmaceuticals online.  Click here for more.


Senator Klobuchar Introduces Anti-Streaming Legislation


Another piece of legislation introduced on May 12 by Sen. Klobachar
would make unauthorized streaming of copyrighted materials a felony.
This was one of the legislative recommendations made in the Intellectual
Property Enforcement Coordinator's report to Congress in February.  The
legislation has not yet been placed online, but a coalition of the MPAA,
the Independent Film and Television Alliance and the National
Association of Theatre Owners issued a press release supporting it.
Click here for more. <http://infojustice.org/archives/3405> 


Leaked cables show U.S. tried, failed to organize against Ecuador
compulsory licensing


A blog by Peter Maybarduk from Public Citizen describes wikileaks cables
showing that the U.S. Embassy in Quito tried to dissuade the Ecuadorian
government from issuing a compulsory license on the antiretroviral drug
ritonavir.  The U.S. Ambassador warned Ecuadorian officials that the
compulsory license could "could jeopardize Ecuador's eligibility" for
trade preference programs, and embassy staff worked with "well-placed
contacts" in "potentially sympathetic ministries" to try to block the
license.  The original cables (which Maybarduk warns "include some
misinterpretations of law, precedent, and Ecuador's licensing protocol")
are included in the post.  Click here for more.


World Health Assembly to Debate the World Health Organization's Role in
Combating "Substandard/Spurious/Falsely-Labeled/Falsified/Counterfeit
Medical Products"


The World Health Assembly opens today, bringing together all of the WHO
member countries for their annual meeting.  The agenda includes a
session on WHO's work concerning substandard medical products, including
"information and awareness creation," "norms and standards" and
technical support to countries.  It will also debate the controversial
relationship between WHO and the International Medical Products
Anti-Counterfeiting Taskforce (IMPACT).  Click here for more.


European Union DG Trade Hearing on "Protection and enforcement of IPR in
third countries"


The EC Directorate General for Trade is reviewing its strategy for
increasing IPRs abroad, and it plans to update its current policy with
"the adoption of a new Commission Communication by the end of 2011."  As
part of its review, it held an open hearing on May 10.  Health Action
International testified, urging the EC "to use caution in exporting
their acquis on enforcement to third countries" and "not to require
other countries to adhere to ACTA through for example bilateral trade
agreements."   Click here for more.




*         May 16-24 - 64th World Health Assembly

*         May 16-20 - Standing Committee on the Law of Patents (WIPO)

*         May 20 - Deadline for submitting comments to Brazilian
government on the Copyright Reform Legislation

*         June 7-8 - WTO TRIPS Council

*         June 15-24 - Standing Committee on Copyright and Related
Rights (WIPO)



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