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The Impact of Free Trade Agreements on Information Technology Based Business
 

The Impact of Free Trade Agreements on Information Technology Based Business

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Presented to the LAC Meeting, ICANN 50, London, June 2014.

Presented to the LAC Meeting, ICANN 50, London, June 2014.

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    The Impact of Free Trade Agreements on Information Technology Based Business The Impact of Free Trade Agreements on Information Technology Based Business Presentation Transcript

    • THE IMPACT OF FREE TRADE AGREEMENTS ON INFORMATION TECHNOLOGY BASED BUSINESS DR ANDRES GUADAMUZ UNIVERSITY OF SUSSEX
    • APOLOGIES
    • BACKGROUND
    • SOME BACKGROUND
    • FTAs A stage in economic integration between nations by which member states have agreed to eliminate or reduce tariffs, quotas, and preferences in some goods and services subject to international trade restrictions.Trade in goods, services, investments Telecom, e-commerce IPR, government procurement Dispute settlement Transparency Customs procedures and facilitation Labour, environment
    • DR-CAFTA Agreement signed in 2004 by US and Central American countries (joined by Dominican Republic later that year). Ratified by all states, contains provisions on government procurement, financial services, labour, telecommunications, electronic commerce, and intellectual property rights. Also contains dispute resolution.
    • Main issues regarding domain names DR-CAFTA in Article 15.4 under the heading “Domain Names on the Internet” requires that the parties provide, for their respective ccTLDs “an appropriate procedure for the settlement of disputes based on the principles established in the Uniform Domain-Name Dispute Resolution Policy.” The DR-CAFTA agreement requires the use of a WHOIS database, but allows for provisions dealing with privacy.
    • Key provisions on e- commerce Art. 14.3.1 states that there should not be any ‘customs duties, fees, or other charges’ for importing or exporting digital products by electronic transmission. When digital products are physically shipped across borders, Article 14.3.2 provides that the applicable customs duties must be based on the ‘carrier medium’ of the product rather than the value of the digital product contained on the medium (such as the plastic CD rather than the music contained on it). Art. 14.3.3 accords national treatment standards (under the ‘no less favourable treatment’ formula) to digital products transmitted electronically for ‘like’ products and when the digital products are created by a non-party.
    • Main issues about intermediary liability DR-CAFTA imposes similar regime to the one contained in US law through the DMCA. The agreement provides limits on copyright liability for ISPs who meet certain procedural requirements in four areas. These areas are known as the ‘safe harbours’ both in the DR-CAFTA agreement and in the DMCA. The agreement requires ISPs to give identifying information about their subscribers once they have received a subpoena alleging copyright infringement.
    • Some copyright issues Enforcement: countries must have civil judicial procedures concerning the enforcement of ‘any intellectual property right’, which includes copyright. Statutory damages for infringement are included. Inclusion of DMCA-like protection of anti- circumvention measures (DRM).
    • WHAT HAS HAPPENED?
    • Other agreements
    • THANKS A.GUADAMUZ@SUSSEX.AC.UK ! @TECHNOLLAMA