New ACTA-leak, document on Intellectual Property.
This document has been leaked to wikileaks.
Its a long document, but i have highlighted the section i find most interesting.
http://88.80.16.63/leak/eu-can-draft-chapter-ipr-sep-2009.pdf
The objectives of this chapter are to:
(a) facilitate the production and commercialization of innovative and creative
products between the Parties; and
(b) achieve an adequate and effective level of protection and enforcement of
intellectual property rights.
(a) facilitate the production and commercialization of innovative and creative
products between the Parties; and
(b) achieve an adequate and effective level of protection and enforcement of
intellectual property rights.
[...]
Article 17
Measures for Preserving Evidence
1. The Parties shall ensure that, even before the commencement of proceedings on the merits of the case, the competent judicial authorities may, on application by an entity who has presented reasonably available evidence to support his claims that his intellectual property right has been infringed or is about to be infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information.Measures for Preserving Evidence
2. Each Party may provide that such measures include the detailed description, with or without the taking of samples, or the physical seizure of the alleged infringing goods, and, in appropriate cases, the materials and implements used in the production and/or distribution of these goods and the documents relating thereto. Those measures shall be taken, if necessary without the other party being heard (my underline), in particular where any delay is likely to cause irreparable harm to the right holder or where there is a demonstrable risk of evidence being destroyed.
Now, all isnt bad.
If the document is real, the "Mere Conduit"-principle will be (somewhat) restored.
Article 29.2 - Liability of Intermediary Service Providers: "Mere Conduit"
1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, Parties shall ensure that the service provider is not liable for the information transmitted, on condition that the provider:(a) does not initiate the transmission;
(b) does not select the receiver of the transmission; and
(c) does not select or modify the information contained in the transmission.
More on ACTA:
Mynewsdesk, NBR, V3, V3:2, Doom4, New Zealand Labour, ZDNet:UK, Ben Buckman, Kevin King.
Pinged at Twingly, Intressant
Läs även andra bloggares åsikter om acta, acta-agreement, IP, intellectual property, infringement, copyright
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