Michael Geist writes, "Canada and South Korea announced agreement on a comprehensive trade agreement earlier today. The focus is understandably on tariff issues, but the agreement also contains a full chapter on intellectual property (note that the governments have only released summaries of the agreement, not the full text, which is still being drafted). The IP chapter is significant for what it does not include. Unlike many other trade deals - particularly those involving the U.S., European Union, and Australia - the Canada-South Korea deal is content to leave domestic intellectual property rules largely untouched. The approach is to reaffirm the importance of intellectual property and ensure that both countries meet their international obligations, but not to use trade agreements as a backdoor mechanism to increase IP protections."
The decision to maintain existing domestic laws without pressuring the other country to conform to its approach illustrates that claims of the necessity for harmonized IP rules in trade agreement are simply untrue. A far more appropriate approach is to require consistency with international obligations.
In fact, the Canada - South Korea agreement may provide a model for many other countries that wish to include intellectual property provisions in their trade agreements but are content to require each party to meet international standards rather than the domestic rules of one of the parties. The U.S. and E.U. approach has been to export their rules to other countries, but Canada and South Korea have demonstrated that respect for domestic choices and compliance international obligations is a better alternative.
Canada - South Korea Trade Agreement Demonstrates Deals Possible Without Increasing IP Protections
Unified Patents raises money from companies that are the target of patent-trolling and then uses it to challenge the most widely used patents in each of its members’ sectors: now it’s going for the gold.
Jamie writes, “A photographer filed on Monday a $1 billion copyright infringement suit in New York against Getty Images’ American arm, alleging that the company is sending out letters demanding licensing fees for her photos that were donated to the Library of Congress.”
The Electronic Frontier Foundation has just filed a lawsuit that challenges the Constitutionality of Section 1201 of the DMCA, the “Digital Rights Management” provision of the law, a notoriously overbroad law that bans activities that bypass or weaken copyright access-control systems, including reconfiguring software-enabled devices (making sure your IoT light-socket will accept third-party lightbulbs; tapping […]
Those of us who love music wish we could listen to it 24/7. But it’s impossible when we’re trying to converse with our friends, or when are swimming in the local pool.That is, until now. The KOAR Bone Conduction Bluetooth Headset, now 48% off, has changed the audio game.Made with lightweight titanium memory metal, this headset boasts patented bone conduction technology to transport sound […]
It’s one thing to enjoy dinner at home and a nice glass of Cabernet Sauvignon with your best friend, Netflix, but it’s another thing entirely to make that meal from scratch and get that wine delivered right to your doorstep.But what if we told you there’s a way to make this possible? To keep your social life, […]
Having to pack and drag your stuff through security can put quite the damper on your vacation plans. Thankfully, we’ve got your back with one way to make traveling more painless: the Jumper Overnighter Travel Bag.This compact bag is so lightweight that you can effortlessly carry it, and fit it into any overhead compartment. But just […]