[A2k] IP Enforcement Roundup - Apr 4

Michael Palmedo mpalmedo at wcl.american.edu
Mon Apr 4 07:58:39 PDT 2011

USTR publishes 2011 NTE Report on Foreign Trade Barriers


USTR today published the National Trade Estimate Report on Foreign Trade
Barriers, which describes barriers to trade in 60 nations, the European
Union, and the Arab League.  The report contains (very brief)
descriptions of the intellectual property environment in each of the
countries covered, and often notes "concerns" about perceived weakness
in enforcement. USTR describes the report as a statutorily required
"inventory of the most important foreign barriers affecting U.S. exports
of goods and services, foreign direct investment by U.S. persons, and
protection of intellectual property rights. Such an inventory
facilitates negotiations aimed at reducing or eliminating these
barriers. The report also provides a valuable tool in enforcing U.S.
trade laws, with the goal of expanding global trade and strengthening
the rules-based trading system, which benefits all economies, and U.S.
producers and consumers in particular." Click here for more.


Judge denies copyright owners' request for multiple damages per song
downloaded from LimeWire 


Record companies have won a summary judgment against the file sharing
site LimeWire for secondary copyright infringement, and they have sought
multiple damages per song for each of the 11,000 songs downloaded from
the site. Their requested multiple damages have been denied by Judge
Kimba Wood, whose opinion states:  "The Court agrees that allowing
Plaintiffs to recover multiple awards per work based on the numbers of
direct infringers is untenable. The Court thus finds that Plaintiffs are
entitled to a single statutory damage award from Defendants per work
infringed, regardless of how many individual users directly infringed
that particular work." As Law.com has pointed out, the multiple damages
per song downloaded could reach a total of $75 trillion. Click here for
more. <http://infojustice.org/archives/2700> 


Indian Ministry of Commerce and Industry wants EU Regulation 1383
reformed "shortly," opposes data exclusivity in India-EU FTA


Speaking at an Indian Parliamentary committee meeting on IPRs, Minster
of Commerce and Industry Shri Anand Sharma spoke out against seizures of
generic medicines in the Netherlands. "These detentions of Indian
generics by Europe were deemed to be TRIPS violative by us and India
submitted its request on 11th May 2007 to the Dispute Settlement body of
WTO... As a result of our persistent efforts, during the recent India-EU
Summit, EU informed that the Commission has intensified efforts on
finalisation of proposal for revision of Regulation 1383 and hopefully
they should be able to complete their international processes shortly."
Sharma also stated that the Ministry opposes the inclusion of data
exclusivity provisions sought by Europe in the trade agreement currently
under negotiation.  Click her for more.


Senators Brown and Stabenow introduce legislation to reinstate "Super


Senators Brown and Stabenow have introduced the Trade Enforcement
Priorities Act of 2011. The legislation "would require the USTR to
analyze trade barriers in the National Trade Estimates Report to
determine which have the most adverse effect on U.S. exports and
employment. Under the bill, the USTR - in consultation with other
relevant agencies and Congress - would be required to prioritize its
enforcement strategy and work with those countries that have a pattern
of unfair trade practices. If the USTR identifies a practice occurring
in a country that has a signed a trade agreement with the U.S.,
previously agreed-to methods of addressing disputes would be used. For
example, if an unfair practice is addressed under the WTO Agreement,
USTR would be required to seek consultation under the dispute settlement
process. If the practice is occurring in a country that does not have an
agreement with the U.S., bilateral consultations would be required until
an appropriate remedy is identified."  The legislation does not specify
intellectual property enforcement, but IP concerns are raised throughout
the National Trade Estimate Report. Click here for more.


Letter from Australian Trade Minister Craig Emerson - Releasing TPP Text
Would Be "Problematic"


EXCERPT:   "...Your suggestion that draft negotiating text and position
papers should be made public is understandable but problematic. First,
this would only be possible if all parties agreed. Many negotiating
parties would consider releasing the text as a breach of confidence.
Second, negotiating text really has no status until it is agreed by all
parties. I am not convinced that exposing contested text, potentially
including ambit claims, would assist informed public debate on the
issues." Click here for the full letter.


WIPO: Cybersquatting Hits Record Level, WIPO Center Rolls out New


WIPO reports in a press release that "In 2010, trademark holders filed
2,696 cybersquatting cases covering 4,370 domain names with the WIPO
Arbitration and Mediation Center (WIPO Center) under procedures based on
the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of
28% over the 2009 level and of 16% over the previous record year, 2008.
Parties took advantage of user-friendly online facilities such as the
WIPO-initiated paperless eUDRP, the Legal Index of WIPO UDRP Decisions,
and the Overview of WIPO Panel Views on Selected UDRP Questions (WIPO
Overview) to assist their case preparation and submission." Click here
for the WIPO press release.


Upcoming Events


*         April 6 - Competing Industry Perspectives on U.S. Intellectual
Property and Trade Policy

*         April 12 - Broadband Breakfast: The Cost of Intellectual
Property Piracy - How Can the Phenomenon Be Empirically Quantified?

*         April 14-15 - IFLA - Libraries Driving Access to Knowledge:
Action for Europe <http://www.ifla.org/en/president/programme/2011> 

*         April 15 - Creative License: Exploring the Music Sampling

*         Click here for a calendar of upcoming events





Mike Palmedo

Assistant Director

Program on Information Justice and Intellectual Property

American University Washington College of Law

4801 Massachusetts Ave., NW

Washington, DC 20016

T - 202-2274-4442 | F - 202-274-4495

mpalmedo at wcl.american.edu



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