The civil law tradition was one of the obstacles when civil societies and lawmakers tried to introduce flexible and open-ended fair use exceptions into the Korean Copyright Act (“KCA”) in 2005 and 2009. According to opposers, the fair use doctrine, developed under the rules of equity in common law countries such as the U.S., did not fit with the Korean civil law system.
Senior copyright industry experts described the Trans Pacific Partnership and other recent free trade agreements as likely setting a “high water mark” for intellectual property commitments in trade agreements. The statements came as part of a symposium last week on Trading in IP: Copyright Treaties and International Trade Agreements sponsored by Columbia Law School’s Kernochan Center for Law, Media, and the Arts.
Steve Metalitz, Partner at Mitchell, Silberberg & Knupp LLP and long-time Counsel to the International Intellectual Property Alliance, kicked off the discussion
95 health, community and development organisations in the Asia Pacific region call on trade ministers to reject provisions that would negatively affect access to generic medicines in the Regional Comprehensive Economic Partnership agreement
The Regional Comprehensive Economic Partnership (RCEP) is a free trade agreement (FTA) currently under negotiation between the ten member states of the Association of Southeast Asian Nations (ASEAN) (Brunei, Burma (Myanmar), Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand, Vietnam) and countries with existing FTAs with ASEAN which includes Australia, China, India, Japan, South Korea and New Zealand.
[Darius Whelan and Louise Crowley, CC Ireland, Link (CC-BY)] Creative Commons Ireland has today submitted a letter to the Department of Jobs, Enterprise and Innovation concerning the EU’s new proposed Directive on Copyright in the Digital Single Market as follows:
We are the Public Leads of Creative Commons Ireland and we welcome the opportunity to express our view on the EU’s new proposed Directive on Copyright in the Digital Single Market.
We have been involved in discussions at European level within the Creative Commons (CC) organisation about this proposed Directive. As a result of that process, a joint letter (attached) has been written and signed by a large number of European CC affiliates.
India is often called the “pharmacy of the developing world” because its pharmaceutical firms provide a large portion of the generic drugs consumed in the South. However, Northern countries are increasingly importing Indian drugs as well, as high prices have led to greater generic uptake.
As an example, the United States has greatly expanded the amount of medicines it buys from India.
[Cross posted from IP-Watch, Link (CC-BY-NC-SA] The supposedly impossible happened: The Marrakesh Treaty entered into force on 30 September, three months after reaching the necessary minimum of 20 ratifications. By then, 22 countries had done so – two more did so during the Marrakesh Assembly. It is the first Treaty to recognize beyond any shadow of doubt that the limitations are essential parts of the copyright system, necessary to its balance and even survival, and, as put by WIPO Director General Francis Gurry, the Marrakesh Treaty “can now begin boosting the number of specially adapted texts for the benefit of blind and otherwise print-disabled people around the world.”
Electronic Information for Libraries, Link (CC-BY)
EIFL marked the inaugural Assembly of the Marrakesh Treaty for print disabled people with a statement congratulating member states, civil society, and the many individuals who worked tirelessly to achieve this historic Treaty, which entered into force on 30 September 2016. The inaugural Assembly of the Marrakesh Treaty took place on 5 October during the 2016 WIPO General Assemblies – WIPO’s highest decision-making bodies – in Geneva (Switzerland).
The other important agenda item for EIFL at the 2016 WIPO General Assemblies concerned the future work of the Standing Committee on Copyright and Related Rights (SCCR). In relation to this item, EIFL presented a statement calling for an international treaty to support libraries’ public service mission.
The U.S. Copyright Office is requesting comments on Section 1201 of Title 17, which governs the circumvention of copyright protection systems. The deadline for submitting comments is October 27. There has been a previous round of comments associated with this study, and earlier comments are available here.
The Copyright Office’s federal register notice includes three specific areas of inquiry (though interested parties may address “any other pertinent issues” related to Section 1201).
El-Said, Mohammed K. (2016). American University International Law Review: Vol. 31: Iss. 3, Article 2. Available at: http://digitalcommons.wcl.american.edu/auilr/vol31/iss3/2 Excerpt follows.
Introduction: The debate surrounding the creation of a balanced patent protection regime in countries is not new. For decades, policy makers experimented with the levels of protection. For example, the Netherlands abolished patents in the field of chemistry for decades between 1869 and 1910, in order to catch up with other European countries such as Germany. Similarly, between 1960 and 1980 a number of Asian economies—often referred to as the Tiger economies—adopted a systematic national policy of reverse engineering and imitation. When South Korea introduced patent protection in 1961, the protection term was limited to only twelve years and protection did not extend to foodstuffs, pharmaceuticals, or chemicals. Similarly, many of the developed nations adopted a relaxed protection regime during their initial stages of development, utilizing their preferred intellectual property regime only after reaching a certain level of advancement.
[michaelgeist.ca, Link (CC-BY)] Last week, I appeared before the Standing Committee on Canadian Heritage as part of its study on the future of media. The committee has heard from dozens of witnesses and one of the surprising themes has been the emphasis on copyright reform as a potential solution to the newspaper industry’s woes. My opening remarks, which are posted below, warn against the reforms, including the prospect of new taxes on Internet services or linking as a source of revenue for the industry. Instead, I point to several potential policies including an ad-free online CBC, sales taxes for digital services, and non-profit funding models for investigative journalism.
[Cross posted from EFF Deeplinks Blog, Link (CC-BY)] Americans pay by far the highest prices in the world for most prescription drugs, and of course big pharma would like to keep it that way. Key measures that the industry relies upon in this regard are the Prescription Drug Marketing Act [PDF] and Ryan Haight Online Pharmacy Consumer Protection Act [PDF], which make it unlawful for most Americans to access lower-priced drugs from overseas, coupled with the powers of U.S. Customs and Border Protection (CBP) to seize such drugs at the border on their own initiative.
Joint letter signed by 25 European legal academics
Full letter available on SSRN | Excerpt follows:
It is clear both from the text of the E-commerce Directive and the CJEU case law that Member States shall not impose upon providers of intermediary services (e.g. providers of user-generated content platforms such as blogging platforms or other types of social media) an obligation to actively monitor all the data of each of their users in order to prevent the transmission of unlawful content, e.g. infringements of intellectual property rights.