[Hague-jur-commercial-law] Mark your calendar: IP& The HagueMarch 29-30 at USPTO
Chris Chiu
CCHIU@aclu.org
Wed, 10 Mar 2004 11:59:04 -0500
Thanks for the clarification. I agree with Sarah's sentiments on Article =
6 (preliminary measures). I understand that at least some of the =
drafters intended that the treaty not touch upon such measures at all, =
and that Article 6 was intended to reflect that, but that provision's =
vague language is still worrisome. Better to be safe than sorry...
Sincerely,
Christopher Chiu
Technology Policy Analyst
American Civil Liberties Union
125 Broad Street
New York NY 10004
USA
Phone: 212-549-2535=20
E-mail: cchiu@aclu.org
-----Original Message-----
From: Victoria Villamar [mailto:victoria.villamar@beuc.org]
Sent: Wednesday, March 10, 2004 4:31 AM
To: 'sarah.b.deutsch@verizon.com'; Michael Sondow
Cc: Hague list; hague-jur-commercial-law-admin@venice.essential.org
Subject: RE: [Hague-jur-commercial-law] Mark your calendar: IP& The =
HagueMarch 29-30 at USPTO
Dear Sarah et al.=20
Just a little clarification on Sarah's message.=20
The IPR enforcement directive was not adopted yesterday in EU. There was =
only the adoption of the opinion of the European Parliament. Since this =
opinion and the Council's opinion is closed one to the other there is no =
need to go for a 2nd reading in the Parliament. EU Ministers will have a =
discussion on the directive tomorrow at the Competitiveness council and =
the directive will be adopted by Ministers soon, before the entry of the =
10 new member states on 1st May 2004.
>From the consumer point of view the outcome of the EP opinion is bad as =
the directive applies to all infringements of IPR, regardless its =
commercial or non-commercial nature.
Best regards=20
Victoria=20
Victoria Villamar=20
Legal Adviser=20
BEUC- The European Consumers' Organisation=20
Avenue de Tervuren 36/4=20
B - 1040 Brussels=20
Tel: (00 32) 2 743 15 95=20
Fax: (00 32) 2 740 28 02=20
Mailto:victoria.villamar@beuc.org=20
Website:www.beuc.org=20
-----Original Message-----=20
From: sarah.b.deutsch@verizon.com [mailto:sarah.b.deutsch@verizon.com]=20
Sent: 09 March 2004 23:24=20
To: Michael Sondow=20
Cc: Hague list; hague-jur-commercial-law-admin@venice.essential.org=20
Subject: Re: [Hague-jur-commercial-law] Mark your calendar: IP& The=20
HagueMarch 29-30 at USPTO=20
The IPR enforcement directive just passed in Europe today and will now =
be=20
implemented over the next 2 years in 25 member states. It allows =
virtually=20
unlimited injunctive relief to any IP holder (patent, trademark, =
copyright,=20
etc) against consumers and intermediaries without any prior notice.=20
Article 5 I believe allows not only the IP owner, but their bounty =
hunters,=20
agents, collecting societies or other designees to seek this relief. We =
could be talking about orders to seize and search your property and=20
equipment, block or filter Internet transmissions for ISPs or destroy=20
property. This is a very serious problem that makes the Article 6 =
issue=20
in the Hague draft all the more important to remove.=20
Sarah=20
Sarah B. Deutsch=20
Vice President & Associate General Counsel=20
Verizon Communications=20
Phone: 703-351-3044=20
Fax: 703-351-3670=20
sarah.b.deutsch@verizon.com=20
|---------+--------------------------------------------------->=20
| | "Michael Sondow" <msondow@iciiu.org> |=20
| | Sent by: |=20
| | hague-jur-commercial-law-admin@venice.es|=20
| | sential.org |=20
| | |=20
| | |=20
| | 03/06/2004 05:47 PM |=20
| | |=20
|---------+--------------------------------------------------->=20
=
>------------------------------------------------------------------------=
----------------------|=20
| =
|=20
| To: "Hague list" =
<hague-jur-commercial-law@venice.essential.org> |=20
| cc: =
|=20
| Subject: Re: [Hague-jur-commercial-law] Mark your calendar: =
IP& The HagueMarch 29-30 |=20
| at USPTO =
|=20
=
>------------------------------------------------------------------------=
----------------------|=20
Manon Ress wrote:=20
> Article 6 implies that interim relief may be sought from any=20
> court anywhere.=20
In the U.S., you usually don't get interim relief, which almost always=20
harms the defendent, without posting a bond with the court in case your=20
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=20
going to be allowed to apply it willy-nilly? In other words, what laws=20
of interim relief will be applied, those of the court where the=20
plaintiff asks for relief, or some other?=20
> US Copyright owners will get friendly courts to issue injunctive=20
> relief. Maybe the UK courts?=20
Do UK courts grant injunctive relief easily? They seem to grant=20
restraining orders in libel claims readily enough.=20
In any event, if governments are swinging behind the latest draft, as=20
the Washington Internet Daily article says, then we can be sure there=20
are many problems for us with the draft, as these governments are=20
nothing more than a front for big business and as such couldn't care=20
less about the harm that will be done to consumers and non-profits.=20
M. Sondow=20
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=20
"The law of nature, as a set of uncodified=20
commands implicitly accepted by the mind and=20
conscience of every reasonable person, is=20
merely the concept of divine law under another=20
name. Time and time again it has operated=20
to overthrow entire systems of positive law."=20
-Felix Morley=20
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=20
Int'l Congress of Independent Internet Users=20
iciiu@iciiu.org=20
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=20
_______________________________________________=20
Hague-jur-commercial-law mailing list=20
Hague-jur-commercial-law@lists.essential.org=20
http://lists.essential.org/mailman/listinfo/hague-jur-commercial-law=20
_______________________________________________=20
Hague-jur-commercial-law mailing list=20
Hague-jur-commercial-law@lists.essential.org=20
http://lists.essential.org/mailman/listinfo/hague-jur-commercial-law=20