SupremeCourt

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Tuesday, January 29, 2013

Pirates of the Carribean: Retaliating Against IP

Posted on 9:17 AM by Unknown
As expected, the WTO recently authorised Antigua, a tiny Carribean island, to "cross retaliate" against intellectual property belonging to the United States. 

What this effectively means is that Antigua qualifies as a "legal" pirate of the Carribean i.e. it can pirate music and movies belonging to US copyright holders, without violating any international norm. (I deliberately use the term "legal" pirate, if only to evoke a strong paradox)."...

As the US threatened Antigua with dire consequences for this purported "IP theft", Antigua quoted Bob Dylan: "When you ain't got nothing, you got nothing to lose". Certain to go down in trade history as a classic!

 
Several articles cover this interesting development which will no doubt have significant ramifications for our discourse on the "fairness' of free trade, egregious breaches by the world's largest trader, and of course, our rather deep rooted belief in the sanctity of intellectual property.

I extract from one such article:

"Antigua may be the first country to have a government-run torrent site, effectively legalizing Internet piracy. The World Trade Organization has given approval for the tiny Caribbean nation to suspend United States copyrights, allowing the government to run a torrent site that will host and sell movies and other intellectual properties without compensating American studios or creators."

Another article offers some background to this interesting WTO dispute between the world's leading super power and a tiny island nation that many may not have heard of. 

"Antigua's reasons for pursuing sanctions against the US are related to the countries' once-flourishing online gambling industry. Over a decade ago, the US outlawed Antigua-based gambling sites, and the two countries have been embroiled in a dispute ever since. 

The online gambling industry contributed $3.4 billion per year to the Antiguan economy at its height, and employed over four percent of the country's citizens. After the US instigated the ban, Antigua sought help from the WTO to rectify the situation. In 2004, the WTO ruled in Antigua's favor, but even after a 2005 US appeal fell on deaf ears, the US still refused to reverse its decision."
For those interested, the concept of cross retaliation was covered by me in previous SpicyIP posts, here and here. 

In particular, I have a full length paper in a special issue of the Law and Development Review discussing a viable model for cross retaliation. This paper details the Antigua dispute and proposes an elaborate IP suspension model that Antigua could comfortably deploy in its bid to ensure compliance with the WTO framework (it bears noting that Antigua can retaliate only to a limited extent, in that the losses caused to the US by Antigua's IP suspension cannot exceed USD 21 million each year).

Clearly, the US is upset! In their report to the WTO, they rail against Antigua's "misplaced decision to abandon constructive settlement discussions" and issue a rather stern warning:

"if Antigua does proceed with a plan for its government to authorize the theft of intellectual property, it would only serve to hurt Antigua’s own interests. Government-authorized piracy would undermine chances for a settlement that would provide real benefits to Antigua. It also would serve as a major impediment to foreign investment in the Antiguan economy, particularly in high-tech industries."

 Antigua responds with a telling counter:

"For nearly a decade, Antigua has sought to resolve the dispute with the United States Government over the US failure to abide by American treaty obligations with regard to remote gaming.
 
..The economy of Antigua and Barbuda has been devastated by the United States Government's long campaign to prevent American consumers from gambling on-line with offshore gaming operators. These aggressive efforts to shut down the remote gaming industry in Antigua has resulted in the loss of thousands of good paying jobs..

As a result of the US failure to comply with international law, the Antiguan economy and our citizens have suffered. In previous statements, the United States has indicated there could be possible adverse consequences for Antigua and its citizens for resorting to this WTO-sponsored remedy. We assume this is just rhetoric for public consumption, and we look forward to the United States putting aside these tactics and focusing their future efforts on thoughtful negotiation rather than on hyperbole and intimidation.."

But what takes the cake is Antigua's witty recourse to a sentiment expressed by one of the most famous US musicians ever. In a statement to the WTO, Antiguan High Commissioner to the UK, Carl Roberts paraphrased Bob Dylan: “[As] an American musician once said, ‘When you have nothing, you have nothing to lose’”.

Many predict that this pirate haven in the Carribean will never come to pass, as the US will now quickly move to settle.  And settle it did, when Brazil raised a similar war cry some years ago...

ps: Thanks to Malavika Jayaram for pointing me to this hilarious image. 
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest
Posted in Cross Retaliation, WTO | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • IPAB on Payyannur Ring
    [*S lightly long post] Background: The Intellectual Property Appellate Board (“ IPAB ”), in its recent order in SubhashJewellery v. Payyan...
  • Satyajit Ray's sketches and copyright controversies
    A copyright row appears to have started between the Satyajit Ray Society and the Delhi Art Gallery, that is organising a countrywide exhibit...
  • Ghost Post: Samsung v. Apple Presidential Enforcement Veto
    SpicyIP subscribers recently received a short blurb from Shamnad on this FT article regarding the hypocrisy of stamping 'national inter...
  • Dorling Kindersley v. Sanguine Technical Publishers
    A recent Delhi High Court order passed on 21 January, 2013  with respect to copyright licensing has come to our notice. An analysis of the j...
  • SpicyIP Tidbit: ALCS August Distribution
    In the UK, the Authors' Licensing and Collecting Society is an organization run and owned by writers that collects money due to its mem...
  • Delhi HC rejects the "Hot News" Doctrine: A Summary
    The applicability of the Hot News doctrine was rejected recently in a landmark ruling delivered by Justice Bhat of the Delhi HC. This post i...
  • IP Research Assistant position at IIT, Madras
    Feroz Ali Khader, MHRD IP Chair at the Indian Institute of Technology (IIT) Madras, is looking for research assistants to work on various is...
  • Thalappakatti biryani trademark row
    The southern district of Dindigal in Tamil Nadu occupies a special place in the hearts of biryani lovers. In the late 1950s, one Nagasamy N...
  • SpicyIP Tidbit: GI for Pedana Kalamkari Art Form
    Image from here Recently, as The Hindu reports , Pedana Kalamkari art form received GI protection. Members of Vegetable Dye Hand Block Kalam...
  • Loss of an IP Leader: RIP Prof Daruwalla
    Most in the Indian IP firmament may have heard of the doleful demise of one of our IP leaders, Mr. Tehemtan Nasserwanji Daruwalla. He was an...

Categories

  • 126 (1)
  • 3(d) (4)
  • 3(f) (1)
  • 3(i) (1)
  • 3(k) (2)
  • Academic Writing (1)
  • access (10)
  • access to food (1)
  • access to health (3)
  • AIA (1)
  • AIDS/HIV (3)
  • Antitrust (2)
  • Bajaj v LML (1)
  • Basmati Row (2)
  • Biological Diversity (5)
  • Biologics (2)
  • biopiracy (4)
  • biotech (7)
  • Bollywood (25)
  • Broadcasters Rights (5)
  • Budget (1)
  • business method patent (2)
  • Call for papers (2)
  • Cipla (2)
  • Comparative Advertising (4)
  • Competition law (8)
  • Compulsory Licensing (27)
  • condonation of delay (1)
  • Conference (4)
  • Constitution (12)
  • Contracts (1)
  • Controller's decisions (8)
  • Copyright (112)
  • Copyright Amendment Bill 2010 (23)
  • copyright board (4)
  • Copyright Exceptions (6)
  • copyright office (1)
  • Copyright Rules (2013) (5)
  • Copyright Societies (9)
  • Counterfeiting (1)
  • creativity (1)
  • Cross Retaliation (1)
  • csir (4)
  • d (1)
  • D.U. Photocopy Case (16)
  • Darjeeling Tea (3)
  • Data Exclusivity (2)
  • Database (1)
  • DCGI (2)
  • decompilation (2)
  • defamation (9)
  • Designs (3)
  • Designs Act (3)
  • Differential Pricing (2)
  • Dilution (1)
  • Disabilities (3)
  • Disability (2)
  • DMCA (2)
  • Doha Declaration (1)
  • Domain Names (2)
  • Draft Policy of the Indian Government (2)
  • DRM (1)
  • Drug Regulation (7)
  • education (12)
  • Enercon (1)
  • Enforcement (1)
  • EU (2)
  • ex parte (2)
  • exhaustion (3)
  • Exhaustion of Rights (2)
  • Fair Dealing (8)
  • Fair Use (11)
  • Federal Circuit (1)
  • Fees (3)
  • FICCI (7)
  • FRAND (2)
  • free trade agreement (3)
  • FTA (3)
  • G.I. Registry (4)
  • gene sequences (3)
  • Generic medicine (4)
  • Geographical Indication (14)
  • Gilead (1)
  • Glenmark (5)
  • Gopika (34)
  • Guest post (11)
  • guidelines (1)
  • GWU-CII (1)
  • Herceptin (1)
  • hot news (3)
  • ICANN (1)
  • incremental innovation (1)
  • independence (1)
  • india (5)
  • Indian Government (1)
  • Indian patent litigation (27)
  • Indian Pharma (35)
  • Injunction (10)
  • Innovation (7)
  • INTA (1)
  • Intermediaries (10)
  • internet (11)
  • Internet Access Providers (IAPs) (5)
  • Internet Censorship (7)
  • IP scholarship (3)
  • IP aware (4)
  • IP Course (3)
  • IP Education (1)
  • IP Policy (11)
  • IP update (4)
  • ip writing competition (1)
  • IPAB (34)
  • ipchair (1)
  • IPO (1)
  • IPRS (5)
  • IT Act (1)
  • Journal (2)
  • judicial independence (3)
  • Jurisdiction (1)
  • Kruttika (4)
  • Legal Education (3)
  • Legal Research Tools (1)
  • Legal Scholarship (2)
  • library (2)
  • Licensing (7)
  • Madhulika (20)
  • mathematical methods (1)
  • Media law (3)
  • medical method (1)
  • Merck (4)
  • mhrd ip chair (1)
  • Microsoft (3)
  • Middle Path (1)
  • Moral Rights (2)
  • Movies (18)
  • musical work (2)
  • nanotechnology (1)
  • Natco (3)
  • natco defamation suit (5)
  • natco vs bayer (4)
  • need for transparency (1)
  • Novartis (8)
  • Novartis patent case in India (11)
  • NPEs (2)
  • nujs (1)
  • NUJS Conference (2)
  • Obituary (1)
  • obviousness (7)
  • Off-Topic (2)
  • online course (4)
  • Open Access (6)
  • Open Source (2)
  • Opposition (3)
  • Parallel Imports (4)
  • Parliament (1)
  • passing off (5)
  • Patent (52)
  • Patent act (10)
  • patent agent (5)
  • patent agent exam (9)
  • patent agent exam qualifications (3)
  • patent infringement (5)
  • Patent Licensing (2)
  • Patent litigation (2)
  • Patent Office (19)
  • patent pool (3)
  • Patent Prosecution (7)
  • Patent rules (2)
  • Patent Strategies (8)
  • Patents (9)
  • pegasus (1)
  • Personality Rights (1)
  • Pfizer (1)
  • Pharma (18)
  • Piracy (5)
  • plagiarism (3)
  • Plant Variety Protection (2)
  • post grant (1)
  • Prashant (2)
  • Preventive Detention (1)
  • Price Control (6)
  • prior publication (1)
  • Privacy (3)
  • Prizes (1)
  • public health (3)
  • Public Interest (4)
  • Publicity Rights (4)
  • Publishing (3)
  • radio (2)
  • Rajiv (18)
  • Rectification Petition (2)
  • Rejection (1)
  • research (3)
  • reverse engineering (2)
  • revocation (4)
  • rip (1)
  • Roche (2)
  • Roche vs Cipla (1)
  • Royalty (2)
  • RTI (2)
  • Scholarship (4)
  • section 16 (1)
  • Section 3(d) (7)
  • section 8 (6)
  • shamnad (11)
  • Shan Kohli (4)
  • Shouvik Kumar Guha (30)
  • Smartphones/Tablets (2)
  • Social Innovation (1)
  • Software (10)
  • software enforcement (3)
  • software patent (3)
  • Special 301 Report (1)
  • Spicy Tidbits (6)
  • spicyip (1)
  • SpicyIP Accolades (1)
  • SpicyIP Announcements (9)
  • SpicyIP Case (1)
  • SpicyIP Cases (3)
  • spicyip commiseration (1)
  • SpicyIP Events (11)
  • SpicyIP Fellowship (5)
  • SpicyIP Guest Series (22)
  • SpicyIP Interview (2)
  • SpicyIP Jobs (4)
  • SpicyIP Jobs/General (2)
  • SpicyIP Review (1)
  • SpicyIP Tidbits (11)
  • SpicyIP Weekly Review (27)
  • Statutory Licensing (1)
  • STI Policy 2013 (4)
  • Sugen (3)
  • Supreme Court of India (5)
  • Swaraj (19)
  • Tarnishment (1)
  • Technology (6)
  • Technology Transfer (5)
  • TKDL (5)
  • TPP (1)
  • trade (4)
  • Trade Secret Protection (1)
  • Trademark (59)
  • Trademark dilution (1)
  • Trademark Registry (9)
  • Traditional Knowledge (7)
  • Transparency (5)
  • treaty (1)
  • trial (1)
  • tribunals (2)
  • TRIPS (11)
  • UK (3)
  • unfair competition (5)
  • UNFCCC (1)
  • Universities Research and Innovation Bill (2)
  • US (1)
  • US Patent Reform (1)
  • US Supreme Court (3)
  • viva (3)
  • WIPO (5)
  • Working a Patent (2)
  • Workshop (4)
  • writ (1)
  • WTO (1)

Blog Archive

  • ▼  2013 (364)
    • ►  September (13)
    • ►  August (41)
    • ►  July (36)
    • ►  June (36)
    • ►  May (32)
    • ►  April (51)
    • ►  March (66)
    • ►  February (40)
    • ▼  January (49)
      • The ‘Emcure model’ of Foreign Investment and Joint...
      • Patent Office makes public the feedback to the Dra...
      • SpicyIP Announcement: Brainstorming Session on Tra...
      • Locus standi and public interest under the GI Act ...
      • Spicy IP Weekly Review: January Weeks 2-3
      • Pirates of the Carribean: Retaliating Against IP
      • Delhi High Court clarifies the notification re pat...
      • Two years of continuing disappointment with the Ma...
      • Announcing the SpicyIP Fellows for 2013 - 2014!
      • Guest Post: Looking at IPR Policy in Climate chang...
      • Part I: Is decompilation of software legal under t...
      • Part II: Is decompilation of software legal under ...
      • Correction: Meerut scissors GI still in applicatio...
      • Guest Post: Graphene - Indian Patent filings disma...
      • Patent Ambush: Big Pharma vs Generics
      • Guest Post: For whom is the Indian IPR Regime?
      • Guest Post: More GI news as Meerut Scissors grante...
      • Guest Post: Taking a look at Online Piracy in India
      • Guest Post: Madurai Malli is granted GI status
      • SpicyIP Events: Workshop on Tools for Researching ...
      • INTA announces Annual Calendar of Events - 2013
      • Guest Post: Why are Business Method Patents being ...
      • Guest Post: Bare Licensing in India
      • Guest post: LAVA aims for 100 Mobile App Patents
      • SpicyIP Events: Patracode announces Workshop on To...
      • Samsung at the Supreme Court: Nationalising Exhaus...
      • Analysing Science, Technology and Innovation Polic...
      • Guest Post: Copyright in Social media - AFP v. Dan...
      • Open Access: What is it about?
      • The political economy of the current round of comp...
      • Guest Post: Examining the recently announced Compu...
      • The S(war)tz Legacy and "Open" Lessons for India
      • SpicyIP Events: Patracode announces Workshop on To...
      • Mark Lynas, former anti-GM food activist embraces ...
      • Rebutting ad hominem Twitter attacks
      • IP ideologies and the Swartz suicide
      • Aaron Swartz, RIP
      • Evading the mandatory royalty sharing provisions o...
      • DIPP to issue CLs for Herceptin, Dastinib & Ixabep...
      • SpicyIP Fellowship reminder
      • Introducing Science, Technology and Innovation Pol...
      • The Royalty Payment Siphon by MNCs - Independent D...
      • Introducing Science, Technology and Innovation pol...
      • SpicyIP Weekly Review: January (2013) Week 1
      • Incentives through Recognition? Nobel Assembly sue...
      • Guest Post: Plain Packaging Laws for Tobacco Products
      • Guest Post: Colours as Non-conventional Trademarks
      • FICCI announces online certificate course on Compe...
      • Guest Post: The Unfair Competition Act, 2011 and i...
  • ►  2012 (131)
    • ►  December (29)
    • ►  November (42)
    • ►  October (50)
    • ►  September (10)
Powered by Blogger.