[Ip-health] Beyond TRIPS: The Current Push for Greater International Enforcement of Intellectual Property

[Michael Palmedo]

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Beyond TRIPS: The Current Push for Greater International Enforcement of
Intellectual Property



Washington College of Law

Nov. 5, 2009 | Room 603 | 1-4pm



PANEL 1 - Strengthening IP Enforcement Through TRIPS and Other Means



Many countries and IP-owning industries that championed the TRIPS
Agreement in the 1990s are now unsatisfied with their ability to enforce
IP rights.  They argue that new technologies have led to new types of
copyright infringement that necessitate new norms for enforcement, and
point out that infringement of copyrights, patents and trademarks is
still widespread.  A WTO Panel recently issued what is largely regarded
as a split decision in a dispute brought against China by the United
States that alleged inadequate enforcement of IP.  With the goal of
setting new international norms for tougher enforcement, IP-owning
industries and developed-country governments have begun negotiating
tougher intellectual property norms in a number of fora. The largest
enforcement negotiation is the Anticounterfeiting Trade Agreement
(ACTA), but there are additional international efforts as well (through
the World Health Organization, World Customs Organization, APEC, etc).
Critics of the push for stronger IP have complained that the
negotiations have been overly secretive, and that it risks upsetting the
TRIPS Agreement's balance between the protection of IP-owners' and
IP-users' rights.



Moderator: Padideh Ala'i, Washington College of Law



Panelists



- Daniel Gervias, Vanderbilt University

- Peter Yu, Drake Univeristy

- Michael Giest, University of Ottawa





PANEL 2 - American Efforts to Strengthen International IP Enforcement



The US government works multilaterally to strengthen worldwide
enforcement of IP norms in the fora discussed in panel one.
Additionally, it acts unilaterally to strengthen enforcement through
such mechanisms as the Special 301 process and the review and suspension
of GSP benefits.  These unilateral actions are viewed as essential by
IP-owning industries, but as heavy handed and arbitrary by our trading
partners. Consumer groups worry that such efforts may underestimate
negative outcomes that may arise, such as the costs associated with
enhanced border protections and stiff penalties for individual users.



Moderator: Susan Sell, George Washington University



Panelists



- Sean Flynn, Washington College of Law

- Eric Smith, International Intellectual Property Alliance

- Gigi Sohn, Public Knowledge

- Stanford McCoy, Office of the U.S. Trade Representative



Reception to follow.



This event is free and open to the public. CLE credits are available. We
do request that people planning to attend register at
www.wcl.american.edu/secle/registration.



A webcast of this event will be available at
wcl.american.edu/pijip/webcast.cfm.



American University Washington College of Law

4801 Massachusetts Ave., NW
Washington, DC 20016