Submissions on Enforcement in the Digital Environment

Printer-friendly version

MED requested submissions on digital enforcement measures for ACTA. Submissions closed on 31 March 2010

Here are links to submissions made by different organisations and individuals:

MED's request was specifically focused on dealing with:

Border Protection Measures

  • Extending the existing measures concerning copyright and trade marks infringement to goods infringing other types IPRs, such as patents and industrial designs.
  • Customs detaining shipments of goods suspected of infringing IPRs without having received notification from a right holder.
  • Customs targeting shipments being exported from New Zealand for goods infringing IPRs.

Civil Enforcement

  • Incorporation of system of pre-established or statutory damages as part of the remedies available to right holders for infringement of IPRs.
  • Incorporation of a statutory formula or presumptions for use by the courts in calculating of damages arising from infringement of IPRs.
  • Incorporation of a statutory formula for use by the courts in taking account of profits arising from infringement of IPRs.
  • The courts being given the authority to order the delivery up and disposal of those material and implements used in creation or manufacture of infringing goods.
  • The courts being given the authority to order an infringer to provide to the right holder, for the purpose of collecting evidence, any information that the infringer possesses or controls, such as information on the origin and distribution networks of the infringing goods.

Criminal Enforcement

  • Criminal measures being applied to copyright infringement and in particular substantial copying and/or large scale distribution of infringing works that has no direct or indirect motivation for financial gain.
  • The courts having the authority to order the seizure of proceeds of crime from IPRs offences.
  • Criminal measures being applied to the unauthorised copying, such as camcording, of a motion picture or other audiovisual work being exhibited in a facility open to the public.
  • Trafficking of counterfeit labels, packaging and documents designed to be affixed to, enclose, or accompany counterfeit goods or pirated works.

As a background to understanding the submissions, and learning more about ACTA you might like to read the following.

Latest leaks of ACTA text:

Facts, Figures and Arguments

You might find some of the links to economic analysis articles helpful, in particular in understanding some of the normative assumptions promoted by copyright maximalists that there is a direct correlation between filesharing and lost sales, and that strong copyright and patent laws foster (rather than diminish) innovation.

If you have the time and inclination, you might also want to read the recent submission to the White House IP Czar by the NetCoalition and the Computer & Communications Industry Association (CCIA), concerning her request for comments on the strategic plan for IP enforcement. This is a long document, but does a thorough job of debunking many of the 'fallacies' inherent in the IP Czar's request, and put forward by the entertainment industry, e.g. the objectivity fallacy, the lost sale fallacy, the industry size fallcy, the theft fallacy etc. Many of these issues relate to the NZ picture as well. If the full document seems too daunting, you could read this summary by Techdirt (second half of the article).