Bullied List Needed To Counter Trade & IP Linkage

[David Farber <dave () farber net>]

Begin forwarded message:

From: Laurent GUERBY <laurent () guerby net>
Date: May 10, 2005 5:36:37 PM EDT
To: dave () farber net
Cc: Ip ip <ip () v2 listbox com>
Subject: Re: [IP] Bullied List Needed To Counter Trade & IP Linkage


You should also note the proposed European "Constitution" as probably
being the most IP extremist of all constitutions, gone are social
balances, temporary nature, need for progress, and welcome to
intellectual property as a natural right just like regular property.

<<
                Article II-77

              Right to property

1. Everyone has the right to own, use, dispose of and bequeath his or
her lawfully acquired possessions. No one may be deprived of his or her
possessions, except in the public interest and in the cases and under
the conditions provided for by law, subject to fair compensation being
paid in good time for their loss. The use of property may be regulated
by law insofar as is necessary for the general interest.

2.   Intellectual property shall be protected.

[... follow non legally binding explanation ...]
EXPLANATIONS RELATING TO THE CHARTER OF FUNDAMENTAL RIGHTS

Protection of intellectual property, one aspect of the right of
property, is explicitly mentioned in paragraph 2 because of
its growing importance and Community secondary legislation. Intellectual
property covers not only literary and artistic property but also inter
alia patent and trademark rights and associated rights. The guarantees
laid down in paragraph 1 shall apply as appropriate to intellectual
property.

> >

Note that only the non binding "explanation" says that intellectual
property could be purchased for public interest, but this is
not at all present in the legally binding text. Also "intellectual"
property is not defined.

Full text (raw pdf2ascii) in one ASCII file is available on
http://guerby.org/ direct link [1.1 MB]
http://guerby.org/eu_constitution_all_en.txt
Look for "intellectual".

Laurent

On Mon, 2005-05-09 at 07:51 -0400, David Farber wrote:

> Begin forwarded message:
>
> From: Michael Geist <mgeist () pobox com>
> Date: May 9, 2005 7:04:21 AM EDT
> To: dave () farber net
> Subject: IP Bullied List Needed To Counter Trade & IP Linkage
> [...]
> The IP Bullied List would include at least the following 12 countries
> -- Australia, Bahrain, Chile, Singapore, Morocco, Jordan, and the  
> signatories to the Central America Free Trade Agreement (Dominican
> Republic, Costa Rica, El Salvador, Guatemala, Honduras, and
> Nicaragua).  Each of these countries has reached trade agreements
> with the U.S. that include sizable intellectual property requirements.
> [...]



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