[A2k] ACTA, unenforceable parts?

[Jeffrey A. Williams]

Ante and all,

  I believe this is essentially correct.  None the less ACTA will
in some form or another become a best practice.  That likelihood
alone is troublesome as well as difficult to get around without
significant legal wrangling.  What form ACTA will take in the
US is not known yet, which in an of itself a concern.  New
statutes/law may/will be needed.  If such is enacted at some
point, than U.S v. Capps will become far less relevant.

Ante wrote:

> I understand ACTA will be adopted as an executive agreement.
>
> In U.S v. Capps, the Court of Appeals held that an executive agreement
> conflicted with a statute and so was unenforceable.
>
> http://books.google.nl/books?id=d3BbX8TSEx0C&lpg=PA96&ots=5wZwkGiaNk&dq=free%20trade%20agreement%20executive%20agreement&pg=PA97
>
> KEI reported that injunctions, for any imminent infringement of an
> intellectual property right, are discussed.
>
> That would then be unenforceable (in the U.S.), in so far it conflicts
> with statutes?
>
> vriendelijke groet,
> cordialmente,
>
> Ante
>
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Regards,

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