Dear Hong, your message brings replies to some of the questions contained in my e-mail of a few hours ago. If Colleagues are interested in the suggestion I put forward (for an ALAC statement going beyond the ISOC paper), you have already answered in part: - clearly, you are one of the most qualified to provide expertise in developing the required legal arguments; - the ISOC paper, though interesting in itself, does not give a comprehensive account of regional (e.g. EU) and national (e.g. China, India) positions; - this could be an opportunity for ALAC to make a statement, within the confines of its charter, by providing a good analysis of issues which ACTA must face, and which it is our duty to make known on behalf of our global community. Regards, Jean-Jacques. On 16/02/11 07:30, "Hong Xue" <hongxueipr@gmail.com> wrote:
ACTA seriously concerns legal community. Quit a lot of legal analyses have been done from different prospective. Since ACTA must be implemented in consistence with each Member State's domestic law, there have been eloquent research done by scholars across Atlantic:
a) A group of European legal professors have produced a thoughtful piece to identify the inconsistencies of ACTA with EU Directives, inter alias Enforcement Directives;
b) American scholars (and PTO) have raised that implementation of ACTA (particularly strengthening enforcement measures such as injunctive relief or damages) may be contradictory with the on-going Patent Reform Act, which has just been approved by the Senate Judicial Committee.
Developing countries that are excluded from the plurilateral ACTA process, like India and China, have challenged the legitimacy of ACTA at TRIPS Council.
It is very nice to see Internet community getting involved in the campaign. ISOC's statement, albeit brief on legal issues, is very positive action to assess ACTA in IG framework.
Hong
On Wed, Feb 16, 2011 at 5:20 AM, Wolf Ludwig <wolf.ludwig@comunica-ch.net> wrote:
Dear all,
as some of you may have realised already, I am deeply concerned about the on-going process of the ACTA negotiations (ACTA stands for the Anti-Counterfeiting Trade Agreement). In this context, I got to know the ISOC statement ³Calling for an open and international dialogue ².
In the statement, ISOC refers to / ³wishes to take this opportunity to provide our preliminary perspective on those parts of the proposed agreement which pertain to the Internet, Internet governance, Internet technologies, Internet intermediaries and/or Internet users.² What is our concern as well. I would like to share (with all those who haven¹t seen the statement already) this with you. Full text see: http://www.isoc.org/internet/issues/docs/acta-ustr_20110214.pdf
Kind regards, Wolf
comunica-ch phone +41 79 204 83 87 Skype: Wolf-Ludwig www.comunica-ch.net
Digitale Allmend http://blog.allmend.ch -
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-- Dr. Hong Xue Professor of Law Director of Institute for the Internet Policy & Law (IIPL) Beijing Normal University http://www.iipl.org.cn/ 19 Xin Jie Kou Wai Street Beijing 100875 China
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