Special 301

The “Special 301” process being conducted by the US Trade Representative (USTR) used to shape copyright, trademark, and patent policy abroad. Under this process, the USTR seeks input from US intellectual property owners about whether IP protection is strong enough in other countries. The process has generally been used by big media companies to bolster IP enforcement overseas. This time around, PK and others want to make sure the importance of limitations and exceptions — like fair use — that are beneficial to libraries, to education, to innovation, and to the public interest generally, are a healthy part of the Special 301 discussion.

PK's Special 301 Comments Reiterate Importance of Balance in Copyright Law

This past Friday, we filed comments in the Special 301 process, the Office of the United States Trade Representative’s (USTR) annual exercise of naming countries that do not adequately protect intellectual property interests of Americans. We believe that this process has turned into an exercise of pressuring countries to pass copyright laws that provide maximum benefits to rights holders, preventing many social, economic, and political benefits that flow from sensible limits on copyright owner rights.



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This past Friday, we filed comments in the Special 301 process, the Office of the United States Trade Representative’s (USTR) annual exercise of naming countries that do not adequately protect intellectual property interests of Americans. We believe that this process has turned into an exercise of pressuring countries to pass copyright laws that provide maximum benefits to rights holders, preventing many social, economic, and political benefits that flow from sensible limits on copyright owner rights.

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This past Friday, we filed comments in the Special 301 process, the Office of the United States Trade Representative’s (USTR) annual exercise of naming countries that do not adequately protect intellectual property interests of Americans. We believe that this process has turned into an exercise of pressuring countries to pass copyright laws that provide maximum benefits to rights holders, preventing many social, economic, and political benefits that flow from sensible limits on copyright owner rights.

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This past Friday, we filed comments in the Special 301 process, the Office of the United States Trade Representative’s (USTR) annual exercise of naming countries that do not adequately protect intellectual property interests of Americans. We believe that this process has turned into an exercise of pressuring countries to pass copyright laws that provide maximum benefits to rights holders, preventing many social, economic, and political benefits that flow from sensible limits on copyright owner rights.

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Public Knowledge Files Special 301 Comments

Issues: 

Today, Public Knowledge filed comments in the Office of the United States Trade Representative's special 301 process. The special 301 process takes place annually and invites comments from the public. These comments are the basis for a comprehensive report that dentifies countries around the world that do not effectively protect American Intellectual Property interests.

The following can be attributed to Rashmi Rangnath, Director of the Global Knowledge Initiative at Public Knowledge:

"The USTR's process takes a one-sided view of copyright law. That view promotes excessive copyright owner control over content and approach hurts developing countries' ability to confidently adopt copyright laws that allow libraries to lend and preserve books, educators to use material in teaching, citizens to make social and political commentary using popular film and television shows and a variety of other socially, economically, and politically beneficial uses.

2013 Special 301 Comments

February 08, 2013
Issues: 

PK In The Know Podcast: TPP, Online Video, Special 301

On today's podcast we discuss what's going on with the TPP, online video and data caps, that Special 301 report, and a wrap-up of OH/DC and WFUD.

Listen to Podcast

Subscribe to the podcast on iTunes here.
Subscribe to the podcast via the .xml here.
Click here to download the file for this week's podcast directly.



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On today's podcast we discuss what's going on with the TPP, online video and data caps, that Special 301 report, and a wrap-up of OH/DC and WFUD.

Listen to Podcast

Subscribe to the podcast on iTunes here.
Subscribe to the podcast via the .xml here.
Click here to download the file for this week's podcast directly.

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On today's podcast we discuss what's going on with the TPP, online video and data caps, that Special 301 report, and a wrap-up of OH/DC and WFUD.

Listen to Podcast

Subscribe to the podcast on iTunes here.
Subscribe to the podcast via the .xml here.
Click here to download the file for this week's podcast directly.

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On today's podcast we discuss what's going on with the TPP, online video and data caps, that Special 301 report, and a wrap-up of OH/DC and WFUD.

Listen to Podcast

Subscribe to the podcast on iTunes here.
Subscribe to the podcast via the .xml here.
Click here to download the file for this week's podcast directly.

[#printed] => 1 ) [links] => Array ( ) )

The 2012 Special 301 Report Continues to do the Bidding of the Content Industry

The “Special 301 Report” is an annual report compiled by the Office of the United States Trade Representative (USTR), supposedly identifying countries that do not provide adequate and effective protection to the intellectual property rights of US persons.

In practice, Special 301 has turned into an arm-twisting exercise forcing countries to pass laws and adopt practices favored by large copyright and patent holders and often not in the public interest.

The office of the USTR published its 2012 Special 301 Report today. We are still analyzing the report, but here are our first impressions:



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The “Special 301 Report” is an annual report compiled by the Office of the United States Trade Representative (USTR), supposedly identifying countries that do not provide adequate and effective protection to the intellectual property rights of US persons.

In practice, Special 301 has turned into an arm-twisting exercise forcing countries to pass laws and adopt practices favored by large copyright and patent holders and often not in the public interest.

The office of the USTR published its 2012 Special 301 Report today. We are still analyzing the report, but here are our first impressions:

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The “Special 301 Report” is an annual report compiled by the Office of the United States Trade Representative (USTR), supposedly identifying countries that do not provide adequate and effective protection to the intellectual property rights of US persons.

In practice, Special 301 has turned into an arm-twisting exercise forcing countries to pass laws and adopt practices favored by large copyright and patent holders and often not in the public interest.

The office of the USTR published its 2012 Special 301 Report today. We are still analyzing the report, but here are our first impressions:

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The “Special 301 Report” is an annual report compiled by the Office of the United States Trade Representative (USTR), supposedly identifying countries that do not provide adequate and effective protection to the intellectual property rights of US persons.

In practice, Special 301 has turned into an arm-twisting exercise forcing countries to pass laws and adopt practices favored by large copyright and patent holders and often not in the public interest.

The office of the USTR published its 2012 Special 301 Report today. We are still analyzing the report, but here are our first impressions:

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Why did we have a Special 301 hearing?

Yesterday, the Office of the United States Trade Representative (USTR), along with several other government agencies, held a hearing on its Special 301 process. This hearing was part of the process by which the USTR compiles a list of countries that do not provide “adequate and effective protection” to the intellectual property rights of U.S. persons or deny market access to them. I testified on behalf of Public Knowledge. A copy of my testimony is available here.



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Yesterday, the Office of the United States Trade Representative (USTR), along with several other government agencies, held a hearing on its Special 301 process. This hearing was part of the process by which the USTR compiles a list of countries that do not provide “adequate and effective protection” to the intellectual property rights of U.S. persons or deny market access to them. I testified on behalf of Public Knowledge. A copy of my testimony is available here.

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Yesterday, the Office of the United States Trade Representative (USTR), along with several other government agencies, held a hearing on its Special 301 process. This hearing was part of the process by which the USTR compiles a list of countries that do not provide “adequate and effective protection” to the intellectual property rights of U.S. persons or deny market access to them. I testified on behalf of Public Knowledge. A copy of my testimony is available here.

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Yesterday, the Office of the United States Trade Representative (USTR), along with several other government agencies, held a hearing on its Special 301 process. This hearing was part of the process by which the USTR compiles a list of countries that do not provide “adequate and effective protection” to the intellectual property rights of U.S. persons or deny market access to them. I testified on behalf of Public Knowledge. A copy of my testimony is available here.

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PK Oral Testimony in the 2012 Special 301 Public Hearing

February 23, 2012

ACTA: If You Write A Trade Agreement No One Will Sign, What's The Point?

Last summer, with the Anti-Counterfeiting Trade Agreement (ACTA) negotiations stalled for two years because of Hollywood insistence adding all kinds of regulate-the-internet crazy stuff, we gave the US Trade Representative and the industries pushing for ACTA some friendly advice: "Drop the crazy stuff."

Officially, the U.S. government wanted ACTA to stop people from bringing actual counterfeit goods into the country, or marketing actual counterfeit goods abroad. Thats why a lot of industry groups and companies wanted ACTA. Not because of they wanted to regulate the Internet and prop up the traditional business models of the movie and music industries, but to deal with the folks making wharehouses full of fake Louis Vitton bags and knock-off Omega watches.



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Last summer, with the Anti-Counterfeiting Trade Agreement (ACTA) negotiations stalled for two years because of Hollywood insistence adding all kinds of regulate-the-internet crazy stuff, we gave the US Trade Representative and the industries pushing for ACTA some friendly advice: "Drop the crazy stuff."

Officially, the U.S. government wanted ACTA to stop people from bringing actual counterfeit goods into the country, or marketing actual counterfeit goods abroad. Thats why a lot of industry groups and companies wanted ACTA. Not because of they wanted to regulate the Internet and prop up the traditional business models of the movie and music industries, but to deal with the folks making wharehouses full of fake Louis Vitton bags and knock-off Omega watches.

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But don't even consider talking about the easy work-arounds, because the government can go after you for that. Bellow you will find resources on how you can take action as well as our latest blog posts and analysis on the issue. [weight] => 0 ) [209] => stdClass Object ( [tid] => 209 [vid] => 5 [name] => Special 301 [description] => The “Special 301” process being conducted by the US Trade Representative (USTR) used to shape copyright, trademark, and patent policy abroad. Under this process, the USTR seeks input from US intellectual property owners about whether IP protection is strong enough in other countries. The process has generally been used by big media companies to bolster IP enforcement overseas. This time around, PK and others want to make sure the importance of limitations and exceptions — like fair use — that are beneficial to libraries, to education, to innovation, and to the public interest generally, are a healthy part of the Special 301 discussion. 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Last summer, with the Anti-Counterfeiting Trade Agreement (ACTA) negotiations stalled for two years because of Hollywood insistence adding all kinds of regulate-the-internet crazy stuff, we gave the US Trade Representative and the industries pushing for ACTA some friendly advice: "Drop the crazy stuff."

Officially, the U.S. government wanted ACTA to stop people from bringing actual counterfeit goods into the country, or marketing actual counterfeit goods abroad. Thats why a lot of industry groups and companies wanted ACTA. Not because of they wanted to regulate the Internet and prop up the traditional business models of the movie and music industries, but to deal with the folks making wharehouses full of fake Louis Vitton bags and knock-off Omega watches.

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Last summer, with the Anti-Counterfeiting Trade Agreement (ACTA) negotiations stalled for two years because of Hollywood insistence adding all kinds of regulate-the-internet crazy stuff, we gave the US Trade Representative and the industries pushing for ACTA some friendly advice: "Drop the crazy stuff."

Officially, the U.S. government wanted ACTA to stop people from bringing actual counterfeit goods into the country, or marketing actual counterfeit goods abroad. Thats why a lot of industry groups and companies wanted ACTA. Not because of they wanted to regulate the Internet and prop up the traditional business models of the movie and music industries, but to deal with the folks making wharehouses full of fake Louis Vitton bags and knock-off Omega watches.

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Public Knowledge and Michael Geist Tell USTR To Keep Canada Off The Intellectual Property Watch List

Issues: 

Canada does not belong on the so-called "Watch List" compiled by the U.S. Trade Representative (USTR) to single out countries deemed weak in intellectual property protection, Public Knowledge and Prof. Michael Geist said in a filing with the agency.

PK and Geist, a noted Canadian copyright authority, said in their comments in the "Special 301" proceeding that Canadian laws are sometimes stronger than those in the U.S.  According to the filing,

1. Canadian laws provide strong rights to all copyright owners, including U.S. copyright owners.

2. Canadian copyright limitations and exceptions are similar to those in the U.S. and are frequently narrower and less flexible than those in the U.S.

3. Canadian laws provide effective enforcement mechanisms.

4. Canadian authorities diligently enforce copyrights.

5. Proposed law reform in Canada would not jeopardize the adequacy of protection

2012 Special 301 Comments

February 13, 2012