ACTA Set To Cover Not Just Copyrights & Trademarks, But Seven Areas Of IP

from the stretching-the-law dept

The folks who created ACTA were already sneaky enough in describing it as an "anti-counterfeiting" agreement, when they knew all along it went way beyond issues related to counterfeiting. For a while, it's been obvious that it was also very much (perhaps more than counterfeiting) about copyright, but it's actually about much more than that. We already mentioned that it is designed to cover patents as well. Now, KEI has looked at another leaked draft document, and notes that the draft sneaks in the fact that it's designed to cover seven different areas of intellectual property. In typical sneaky fashion, it doesn't come out and list them directly, but in the definitions section, defines "intellectual property" as "refers to all categories of intellectual property that are the subject of section 1 through part 7 of Part II of the Agreement on Trade Related Aspects of Intellectual Property Rights." Basically, it's saying that it's accepting the definition in a totally different document, from TRIPs. So, what's in that document?
  1. Copyright and Related Rights
  2. Trademarks
  3. Geographical Indications
  4. Industrial Designs
  5. Patents
  6. Layout-Designs (Topographies) of Integrated Circuits
  7. Protection of Undisclosed Information
Note how little of that has anything to do with counterfeiting -- which is mostly just a trademark issue.
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Filed Under: acta, copyright, counterfeiting, intellectual property, patents, trademark

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  1. icon
    SomeGuy (profile), 23 Mar 2010 @ 7:38am


    Faking the Gucci logo is a trademark offense; as the article notes, couterfeiting is really just a subset of trademark.

    Also, counterfeiting is essentially a crime against the consumer, who thinks he's buying brand quality, not the company in question (people who can afford Gucci don't buy knock-offs, and vice versa).

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