[Hague-jur-commercial-law] Mark your calendar: IP& The
HagueMarch 29-30 at USPTO
sarah.b.deutsch@verizon.com
sarah.b.deutsch@verizon.com
Tue, 9 Mar 2004 17:23:51 -0500
The IPR enforcement directive just passed in Europe today and will now be
implemented over the next 2 years in 25 member states. It allows virtually
unlimited injunctive relief to any IP holder (patent, trademark, copyright,
etc) against consumers and intermediaries without any prior notice.
Article 5 I believe allows not only the IP owner, but their bounty hunters,
agents, collecting societies or other designees to seek this relief. We
could be talking about orders to seize and search your property and
equipment, block or filter Internet transmissions for ISPs or destroy
property. This is a very serious problem that makes the Article 6 issue
in the Hague draft all the more important to remove.
Sarah
Sarah B. Deutsch
Vice President & Associate General Counsel
Verizon Communications
Phone: 703-351-3044
Fax: 703-351-3670
sarah.b.deutsch@verizon.com
|---------+--------------------------------------------------->
| | "Michael Sondow" <msondow@iciiu.org> |
| | Sent by: |
| | hague-jur-commercial-law-admin@venice.es|
| | sential.org |
| | |
| | |
| | 03/06/2004 05:47 PM |
| | |
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>----------------------------------------------------------------------------------------------|
| |
| To: "Hague list" <hague-jur-commercial-law@venice.essential.org> |
| cc: |
| Subject: Re: [Hague-jur-commercial-law] Mark your calendar: IP& The HagueMarch 29-30 |
| at USPTO |
>----------------------------------------------------------------------------------------------|
Manon Ress wrote:
> Article 6 implies that interim relief may be sought from any
> court anywhere.
In the U.S., you usually don't get interim relief, which almost always
harms the defendent, without posting a bond with the court in case your
claims are not upheld at trial. Is article 6 at least going to stipulate
the procedures for granting interim relief, or are far-flung courts
going to be allowed to apply it willy-nilly? In other words, what laws
of interim relief will be applied, those of the court where the
plaintiff asks for relief, or some other?
> US Copyright owners will get friendly courts to issue injunctive
> relief. Maybe the UK courts?
Do UK courts grant injunctive relief easily? They seem to grant
restraining orders in libel claims readily enough.
In any event, if governments are swinging behind the latest draft, as
the Washington Internet Daily article says, then we can be sure there
are many problems for us with the draft, as these governments are
nothing more than a front for big business and as such couldn't care
less about the harm that will be done to consumers and non-profits.
M. Sondow
==============================================
"The law of nature, as a set of uncodified
commands implicitly accepted by the mind and
conscience of every reasonable person, is
merely the concept of divine law under another
name. Time and time again it has operated
to overthrow entire systems of positive law."
-Felix Morley
==============================================
Int'l Congress of Independent Internet Users
iciiu@iciiu.org
==============================================
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