Jul 252017

[University of Cape Town IP Unit Press Release, Link] Together with two institutions in India and Brazil, UCT’s IP Unit has just co-published a paper with the title ‘Innovation, Intellectual Property and Development: A Better Set of Approaches for the 21st Century.’ The paper is authored by Dean Baker, Associate Professor Arjun Jayadev and Nobel Prize winner and former Chief Economist of the World Bank Professor Joseph E. Stiglitz. It is part of a series of arguments from AccessIBSA: Innovation & Access to Medicines in India, Brazil & South Africa, a project supported by the Shuttleworth Foundation.

In the paper’s introduction, the authors state that “[i]f the knowledge economy and the economy of ideas is to be a key part of the global economy and if static societies are to be transformed into ‘learning societies’ that are key for growth and development, there is a desperate need to rethink the current [intellectual property] regime and to allow for a much less restrictive flow of information and knowledge. Moreover, if we are considering questions of ethics, the current regime is deeply regressive and inefficient.” Continue reading »

Jul 212017

[Alek Tarkowski and Teresa Nobre, Communia Association, Link (CC-0)] Last week, the Committee on Culture and Education (CULT) of the European Parliament voted on its final opinion concerning the Commission’s Directive on Copyright in the Digital Single Market. Copyright law in the shape proposed by the CULT MEPs would spell disaster for educators and educational institutions across Europe. Continue reading »

Jul 212017

Author: Graeme Dinwoodie

Abstract: This Chapter analyzes the secondary liability of online service providers from a comparative perspective, drawing on national reports on the question submitted to the Annual Congress of the International Academy of Comparative Law. The Chapter highlights two different approaches to establishing the circumstances when an intermediary might be liable: a “positive” or “negative” definition of the scope of liability. The former flows from the standards for establishing liability; the latter grows out of the different safe harbour provisions that immunize intermediaries operating in particular ways, although there can obviously be connections between the standard for liability and the conditions for immunity. Continue reading »

Jul 202017

Imposing a mandatory and unwaivable compensation scheme violates the letter and spirit of open licensing.

[Timothy Vollmer, Creative Commons, Link (CC-BY)] Copyright policymakers in Europe and South America have proposed legislation that would impose an unwaivable right to financial remuneration for authors and performers on copyrighted works. The laws attempt to ensure that creators receive payment for their work, but they would interfere with the operation of Creative Commons licensing by adding a special and separate economic right above and beyond the intention of some authors who wish to share their creative works with the world for free. Continue reading »

Jul 192017

PIJIP has created a table of comments submitted to the South African Parliament’s Portfolio Committee on Trade and Industry regarding the Copyright Amendment Bill. It was last updated on July 19, 2017.

Please send additional comments to mpalmedo@wcl.american.edu, and I will them to the table

Table of Comments to South African Parliament re: Copyright Amendment Act (B-13-2017)

Jul 172017

The Mandela Institute in collaboration with Google, Freedom of Expression Institute (FXI), and the American University Washington College of Law will host a roundtable discussion on the second version of the Copyright Act Amendment Bill ahead of its scheduled August Parliamentary hearings. Continue reading »

Jul 172017

Author: Alireza Chavosh

Abstract: Studies have depicted that the rate of unused patents comprises a high portion of patents in North America (35% Non-use on average), Europe (37% Non-use on average) and Japan (64% Non-use on average). The importance of the issue of patent non-use is also highlighted within the literature on strategic patenting, IPR policy and innovation economics and in this regards, the literature has paid particular attention to blocking patents. Continue reading »

Jul 122017

Anubha Sinha, CIS-India
Reposted from EIFL,org, Link (CC-BY)

On 9 May 2017, a five year court battle between publishers and universities finally came to an end when the Supreme Court of India dismissed an appeal by the Indian Reprographic Rights Organization (IRRO) challenging an earlier judgment of Delhi High Court that ruled course packs in India legal for educational purposes.

In a case that gained wide international attention, issues such as the cost of textbooks in India were raised, students agitated for fair access to educational materials, and the jurisprudence on copyright in India has taken a leap forward. In this guest blog, Anubha Sinha, Programme Officer on Openness and Access to Knowledge at the Centre for Internet and Society India, discusses the judgment in the case known as the ‘Delhi University photocopy’ case, and what it means for access to educational materials in India. Continue reading »

Jul 122017

[Mark Schweizer for IP Kat, Link (CC-BY)] According to its media release of 11 July 2017, the German Federal Court of Justice confirmed the decision of the Federal Patent Court granting Merck a compulsory license to EP 1 422 218 owned by Shionogi. This allows Merck the continued distribution of its antiretroviral drug Isentress, an approved medication for treatment of HIV-patients, on the German market.

The case is highly unusual not only because compulsory licenses are exceptionally rarely granted under German law, but also because the license was granted in preliminary proceedings, which is a first. Continue reading »

Jul 112017

[Matthew Sag and Sean Flynn, IP Watch, Link (CC-BY-NC-SA)] This week, the South African Parliament began accepting comments on its pending Bill proposing to amend the South African Copyright Act to align it with the digital age. We and other experts and civil society organizations submitted comments praising many of the Bill’s provisions and proposing that it adopt an “open” fair use right. Here we focus on one major reason to adopt an open fair use right – to authorize so-called non-expressive uses of works. We conclude with some reflectio ns on how international law could help in this regard. Continue reading »

Jul 102017

[Communia Association, Link (CC-0)] Tomorrow the Members of the Culture and Education Committee of the European Parliament (CULT) will vote on their position on the proposal on Copyright in the Digital Single Market directive. This will be the second vote in the European parliament after last month’s vote in the IMCO committee. While the CULT committee is nominally responsible for Culture and Education it seems rather likely that tomorrow’s vote will result in an one sided opinion that would  support the key elements of the flawed directive, making them worse in many areas. Below is a quick rundown of what is on the table during tomorrow’s vote. We have listed  voting recommendations for CULT MEPs interested in enacting real copyright reform that will foster Europe’s cultural and educational sectors: Continue reading »

Jul 102017

Click here for the full comment (PDF)

I am writing to commend you on the drafted, revised Copyright Amendment Bill 2017. The Amended Bill is a vast improvement on the prior Bill. In particular, there must be commendation for changes such as state ownership in orphan works, perpetual state ownership, and so on. There are however, some problematic areas regarding the Bill. What follows will be a brief overview of some of the areas I think the Bill could be improved upon. Continue reading »