Revealed: ACTA to cover seven categories of intellectual property
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James Love, Knowledge Ecology International
March 22, 2010
KEI has access to a recent draft of ACTA. Chapter One, Section B of the agreement provides for “General Definitions.” It is interesting that the term “counterfeits” does not have a general definition. The ten defined terms include:
- days
- intellectual property (See below)
- Council (ACTA Oversight Council)
- measure
- person (natural or juridical)
- right owner (includes federation or assicaitons that have legal standing or authoirty to assert rights)
- territory
- TRIPS Agreement
- WTO
- WTO Agreement
ACTA is about more than counterfeits
While counterfeiting is a serious problem that deserves attention, its use in the name is widely considered a cynical bait and switch. The provisions on counterfeiting are hardly the focus. The agreement is really about the much broader topic of the enforcement of seven categories of intellectual property. According to the Chapter One general definition, intellectual property is defined as follows:
intellectual property refers to all categories of intellectual property that are the subject of section 1 through part 7 of Part II of the Agreement on Trade Related Aspects of Intellectual Property Rights.
This is a reference to the TRIPS Agreement. The seven categories are:
- Copyright and Related Rights
- Trademarks
- Geographical Indications
- Industrial Designs
- Patents
- Layout-Designs (Topographies) of Integrated Circuits
- Protection of Undisclosed Information
By highlighting the emotive and charged term “counterfeiting,” a very serious but but fairly narrow type of trademark infringement and fraud, the negotiators expect to deflect scrutiny and criticism over the whole agreement, particularly from political leaders who cannot afford to be seen defending criminals engaged in counterfeiting unsafe products. By extending ACTA to cover the enforcement of seven large categories of intellectual property rights, the impact of the agreement on access to knowledge, innovation, consumer rights, privacy, and other topics is vastly expanded.
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March 24th, 2010 at 9:21 am
[...] Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | EU Parliament votes down [...]
April 30th, 2010 at 5:56 am
[...] Rights Website | Google reroutes uncensored search to Hong Kong, raises stakes in row with China | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Net produces new [...]
May 1st, 2010 at 2:25 pm
[...] in 2011, security experts voice concerns | Toronto G20 summit security to be ‘massive’ | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Banking reforms urgent, [...]
May 1st, 2010 at 2:25 pm
[...] in 2011, security experts voice concerns | Toronto G20 summit security to be ‘massive’ | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Banking reforms urgent, [...]
May 6th, 2010 at 2:07 pm
[...] in 2011, security experts voice concerns | Toronto G20 summit security to be ‘massive’ | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Banking reforms urgent, [...]
May 11th, 2010 at 2:34 pm
[...] No Internet for Copyright Scofflaws | Entire Text of ACTA Treaty Leaks to Online Rights Website | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | EU Parliament votes down [...]
May 28th, 2010 at 4:49 pm
[...] Rights Website | Google reroutes uncensored search to Hong Kong, raises stakes in row with China | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Net produces new [...]
June 2nd, 2010 at 4:10 pm
[...] No Internet for Copyright Scofflaws | Entire Text of ACTA Treaty Leaks to Online Rights Website | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | EU Parliament votes down [...]
June 23rd, 2010 at 10:52 am
[...] ACTA Treaty Leaks to Online Rights Website | Barack Obama’s healthcare bill passed by Congress | Revealed: ACTA to cover seven categories of intellectual property | Opposition threatens contempt motion over Afghan torture documents | Ontario street racing rules [...]
June 29th, 2010 at 12:09 am
[...] Rights Website | Google reroutes uncensored search to Hong Kong, raises stakes in row with China | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Net produces new [...]
June 29th, 2010 at 12:09 am
[...] Rights Website | Google reroutes uncensored search to Hong Kong, raises stakes in row with China | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Net produces new [...]
June 29th, 2010 at 10:52 am
[...] Rights Website | Google reroutes uncensored search to Hong Kong, raises stakes in row with China | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Copyright conviction [...]
June 30th, 2010 at 4:59 am
[...] Rights Website | Google reroutes uncensored search to Hong Kong, raises stakes in row with China | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Net produces new [...]
July 1st, 2010 at 3:19 am
[...] in 2011, security experts voice concerns | Toronto G20 summit security to be ‘massive’ | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Banking reforms urgent, [...]
July 6th, 2010 at 12:49 am
[...] in 2011, security experts voice concerns | Toronto G20 summit security to be ‘massive’ | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Banking reforms urgent, [...]