[A2k] FTA to shut down Internet Sites

[heeseob nam]

Surprisingly, FTA between Korea and US includes a side letter on "the
objective of shutting down Internet sites that permit the unauthorized
reproduction, distribution, or transmission of copyright works".

If anyone hope to express his/her opinions to Korean journalists (via
email or telephone), please contact me. We plan to have a press
conference to protest the committment made in the side letter at
around 10:00 or 11:00 AM on next Monday (Korean time).

http://www.ustr.gov/assets/Trade_Agreements/Bilateral/Republic_of_Korea_FTA/Draft_Text/asset_upload_file360_12739.pdf

The Honorable Susan C. Schwab
United States Trade Representative
600 17th Street, N.W.
Washington, DC 20508

Dear Ambassador Schwab:

In connection with the signing on this date of the Korea-United States
Free Trade Agreement (the "Agreement"), I have the honor to confirm
the following understanding reached by the Governments of the Republic
of Korea and the United States during the course of negotiation of
Chapter 18 (Intellectual Property Rights)of the Agreement.

The Parties agree on the objective of shutting down Internet sites
that permit the unauthorized reproduction, distribution, or
transmission of copyright works, of regularly assessing and actively
seeking to reduce the impact of new technological means for committing
online copyright piracy, and of providing generally for more effective
enforcement of intellectual property rights on the Internet. Korea
agrees that internet piracy of copyright1 works and other subject
matter protected by copyright (including unauthorized reproduction and
distribution of such works on the Internet) is a matter of priority
for law enforcement of intellectual property rights. Korea also agrees
on the objective of shutting down Internet sites that permit the
unauthorized downloading (and other forms of piracy) of copyright
works, including so-called webhard services, and providing for more
effective enforcement of intellectual property rights on the Internet,
including in particular with regard to peer-to-peer (p2p) services.
Korea will strengthen enforcement of intellectual property rights in
Korea. Korea will work to prevent, investigate, and prosecute internet
piracy. In doing so, Korea will work with the private sector, the
other Party, and other foreign authorities.

In furtherance thereof, Korea agrees to issue as soon as possible, but
no later than six months after entry into force of the Agreement, a
policy directive establishing clear jurisdiction for effective
enforcement against online piracy pursuant to a division or joint
investigation team that will investigate and take criminal action for
online piracy, including with respect to U.S. and other foreign works,
whether ex officio or at the request of a right holder, in a manner
that is transparent to right holders. In addition to prosecuting
direct infringers, Korea agrees to prosecute individuals and companies
that profit from developing and maintaining services that effectively
induce infringement.

I have the honor to propose that this letter and your letter in reply
confirming that your Government shares this understanding shall
constitute an integral part of the Agreement.

Sincerely,

Kim, Hyun-chong

[Reply Letter Forthcoming]

--
HeeSeob Nam
IPLeft (www.ipleft.or.kr)
Mobile: +82 11 470 1180
hurips@gmail.com