Home / Industry

IP Rights in Digital Environment Key Element of Proposed Treaty

Last week, the Office of the U.S. Trade Representative released a summary of the key elements of the proposed Anti-Counterfeiting Trade Agreement (ACTA) which aims to establish international standards for enforcing IP rights to more effectively combat counterfeiting and piracy.

One of the potential chapters of the treaty covers "Intellectual property rights enforcement in the digital environment." In this area, parties negotiating the agreement say they intend to clarify the "role and responsibilities of internet service providers in deterring copyright and related rights piracy over the Internet." According to a recent CNET article, there have been discussions to potentially hold ISPs liable for infringing material, which is a significant shift from what is stated in the Digital Millennium Copyright Act (DMCA). Per the DMCA's "safe harbor" provisions, ISPs are currently protected from liability if they expeditiously respond to takedown notices.

The ACTA may also include other provisions that would help brand owners protect their IP rights in the following key areas:

  • Civil Enforcement
  • Border Measures
  • Criminal Enforcement

Finally, the proposed ACTA calls for more international cooperation to effectively address the global counterfeiting and piracy problem. Given the borderless nature of the Internet, these provisions could be instrumental to brand owners who are pursuing offenders across national jurisdictions.

About MarkMonitor

MarkMonitor

MarkMonitor®, the world leader in enterprise brand protection and a Thomson Reuters Intellectual Property & Science business, uses a SaaS delivery model to provide advanced technology and expertise that protects the revenues and reputations of the world's leading brands. (Learn More)

Related topics: Access Providers, Domain Names, Law

WEEKLY WRAP — Get CircleID's Weekly Summary Report by Email:

Related Blogs

Related News

Topics

Industry Updates – Sponsored Posts

LogicBoxes Announces Automation Solutions for ccTLD

TLD Registry Wins Best Marketing Award at China New gTLD Roadshow

Update on Minds + Machines' Top-Level Domain Launches

ICANN Los Angeles Recap Webinar

TLD Registry Appoints First China General Manager, Mr Jin Wang

TLD Registry Opens China Headquarters in "China's Silicon Valley"

.nyc Goes Public to Brand the Big Apple

pink.host: Breast Cancer Awareness by Bluehost

Infographic: Where in the World Do Chinese People Live?

Auctions Update: MMX Wins .law and .vip

New .ORGANIC Top-Level Domain Welcomes Leading Brands As .ORGANIC Pioneers

Dot Chinese Online and Dot Chinese Website Featured in EURid's World Report on IDNs 2014

New .ORGANIC Top-Level Domain Opens to Serve the Organic Community

Independent Endorsement of Dot Chinese Online & Dot Chinese Website by by FiarWinds Partners

New gTLDs and Best Practices for Domain Management Policies (Video)

.Host Announces Top Global Players As Pioneer Partners

Public Interest Registry Releases Bi-Annual Report, .Org Domain Registrations Pass 10.4 Million

Public Interest Registry to Speak About Upcoming Launch of .ngo and .ong Domains for NPOs

New .ORGANIC Domain Sunrise Begins, Creating Verified Space 
for Organic Products and Services

Non-English "IDN Email" Addresses Are Finally Working!

Sponsored Topics

Verisign

Security

Sponsored by
Verisign
dotMobi

Mobile

Sponsored by
dotMobi
Minds + Machines

Top-Level Domains

Sponsored by
Minds + Machines
Afilias

DNS Security

Sponsored by
Afilias