Volume IX

Issue : 4: October 21, 2010

• Internet Service Providers Not Subject to Broadcasting Act
• AOL Domain Name Dispute
• Anti-Spam Legislation Introduced for Second Reading at House of Commons
• U.S. FCC Investigates Wireless Carriers Amid Complaints By Users
• Internet Defamation: Aldelo Systems Inc. v. Sinclair
• New Draft of Anti-Counterfeiting Treaty Released
• Apple Issued Parental Control Patent
• Facebook Granted Patent for Locating Online Members
• Motorola Sues Apple for Patent Infringement

Home > Volume IX > Issue 4: October 21, 2010 > New Draft of Anti-Counterfeiting Treaty Released

New Draft of Anti-Counterfeiting Treaty Released

The Office of the U.S. Trade Representative recently released the latest draft of the Anti-Counterfeiting Trade Agreement (ACTA), the results of the final round of negotiations held in Tokyo.  Participants included Australia, Canada, the European Union, Japan, South Korea, and the U.S.

Various industry groups have stated that the latest version of the treaty was an improvement from previous drafts.  The latest version removed language which could have held websites and Internet Service Providers (ISPs) responsible for customers’ actions.  As well, the new draft made clear that remedies and penalties must be proportional to the injury suffered.  Nevertheless, there are still concerns that the scope of the treaty is too broad.  For example, Internet and technology companies can be held liable in foreign courts for things that are legal in their home country, but not in the jurisdictions of the other countries negotiating the ACTA.

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