» Intellectual Property

Anti-Counterfeiting Trade Agreement (ACTA) to be signed this weekend – unconstitutional?

Margot — Thu, 29 Sep 2011 21:13:51 +0000

Strong arguments have been emerging that the Anti-Counterfeiting Trade Agreement (ACTA), to be signed this weekend by the US, may be unconstitutional as a Sole Executive Agreement. ISP Student Fellow Adam Hockensmith has been working on a paper to this effect. The issue has also been covered in the below:

ACTA to Be Signed – But Can it Enter into Force?
US, EU, Canada, Japan, Australia, & Others to Sign ACTA this Weekend Despite Legal Concerns

and of course

The Impact of the Anti-Counterfeiting Trade Agreement on the Knowledge Economy: The Accountability of the Office of the U.S. Trade Representative for the Creation of IP Enforcement Norms Through Executive Trade Agreements

and

Anti-Counterfeiting Agreement Raises Constitutional Concerns

David Robinson “PROTECT IP Act” Working Paper

Margot — Wed, 21 Sep 2011 13:10:04 +0000

ISP Fellow David Robinson has released his paper Following the Money: A Better Way Forward on the Protect IP Act as part of the ISP Working Paper Series.

The ISP provides a forum for resident fellows, visiting fellows, and student fellows to collaborate on and discuss significant research and policy projects. The ISP Working Paper Series makes the most significant of these initiatives available for public consumption and discussion.

David’s paper suggests that to avoid significant First Amendment problems and chilling effects, the PROTECT IP Act should be stripped of Internet blocking provisions, and passed as a surgically focused law that will dry up revenue sources for “rogue” web sites.

Margot Kaminski ACTA article in Albany Law Journal of Science and Technology

Margot — Tue, 20 Sep 2011 00:19:50 +0000

My paper on the Anti-Counterfeiting Trade Agreement (ACTA), “An Overview and the Evolution of The Anti-Counterfeiting Trade Agreement“, is now available online as part of the current issue of the Albany Law Journal of Science and Technology.

Citation: 21 ALB. L.J. SCI. & TECH. 385 (2011)