[Lotti Rutter, Treatment Action Campaign, Link (CC-BY)] In 2011, the UN and member states set a goal of reaching 15 million people on AIDS treatment by 2015—a goal many questioned but that will be met next year. Since then, evidence and tools available have changed and it is clear that simply tracking testing and treatment is not good enough. Critically, it is now clear that suppressing the HIV virus with high-quality HIV drugs keeps people living with HIV alive and healthy while also preventing HIV transmission.
[Krista Cox, Association of Research Libraries, Link (CC-BY)] The written testimony of four of the five witnesses speaking at the July 15, 2014 House Judiciary Subcommittee Hearing on Moral Rights, Termination Rights, Resale Royalty and Copyright Term, address the issue of copyright term. Notably, none of these witnesses suggest that the current term be extended further and Professor of Law Michael Carroll argues that the current term of protection is too long. Although the other witnesses did not propose extension of copyright, it should be noted that Rick Carnes, President of the Songwriters Guild of America, asserts that the current copyright term in the United States is appropriate and should not be shortened.
[Cross posted from the European Open Edu Policy Project, Link (CC-BY)] It is well known that the rules that allow for certain educational uses of copyrighted works under certain conditions without permission of the rights’ owners vary greatly between countries. But how different are those rules? And how difficult is to access those differences? Can a teacher with no legal background determine alone whether a certain use is allowed or not in his/her country?
[MPP Press Release, Link (CC-BY-NC-ND)] Geneva – 17 July 2014. Three days before the start of the 20th International AIDS Conference in Melbourne, Australia, the Medicines Patent Pool (MPP) announced seven new sub-licensing agreements for the manufacture of generic HIV medicines, atazanavir (ATV) and dolutegravir (DTG). The United Nations-backed MPP negotiates licences with key patent holders to speed access of low-cost, generic medicines to developing countries. To date, the MPP has signed agreements with Bristol Myers-Squibb, Gilead Sciences, F. Hoffmann-La Roche, the US National Institutes of Health and ViiV Healthcare for eight antiretrovirals (ARVs) and one medicine for an HIV opportunistic infection.
[International Federation of Library Associations, Link (CC-BY)] Discussions regarding an international copyright instrument for libraries and archives again collapsed inconclusively at the 28th meeting of the Standing Committee on Copyright & Related Rights (SCCR) in Geneva, from Monday 30 June – Friday 4 July. In the early hours of Saturday 5 July, Member States finally “agreed to disagree” on any conclusions on copyright exceptions for libraries and archives, as well as a draft treaty for broadcasting.
[Cross posted from Creative Commons-USA, Link, (CC-BY)] Chairman Coble, Ranking Member Nadler, Chairman Goodlatte, Ranking Member Conyers, and members of the Subcommittee, my name is Michael Carroll, and I am a member of the faculty at American University Washington College of Law, where I direct the Program on Information Justice and Intellectual Property and serve as the Public Lead for Creative Commons USA. Creative Commons USA is the United States’ project that works under the terms of an agreement with Creative Commons, Inc., a global non-profit corporation headquartered in California. Creative Commons has agreements with projects in more than 70 countries through which the local project is authorized to represent Creative Commons at the national level. Creative Commons and Creative Commons USA have some experiences and legal tools that are relevant to the topics of today’s hearing.
[ACT-UP Basel Press Release, Link] Act Up-Basel called the French government to learn from the current situation regarding access to new direct-acting antivirals (DAAs) molecules used in the treatment of hepatitis C (HCV), to exercise Article L613 -16 of the Code of Industrial Property on the transmission and loss of patent holder rights to issue a compulsory license [i] and make available generic versions of sofosbuvir.
[Joint press release by eight civil society organizations, PDF] BRUSSELS—Several European and American health NGOs publicly criticised the inclusion of investor-to-state-dispute-settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP) today, warning that it will undermine public health policies of European Union (EU) Member States and severely jeopardise access to affordable medicines and public health protection.
[Meera Nair, Fair Duty, Link (CC-BY)] ]Last week, international negotiators met in Ottawa to further discuss the Trans-Pacific Partnership (TPP) agreement. With the usual shroud of secrecy, few details regarding agenda and outcomes were released for public consumption. Nevertheless, based on a leaked copy of the chapter relating to intellectual property, there is sufficient reason for concern with respect to copyright. As reported last week (see Electronic Frontier Foundation here, Michael Geist here, Public Knowledge here, and VICE here) Canada’s copyright regime is likely to be challenged on at least two fronts:
[Jeremy Malcolm and Maira Sutton, EFF, Link (CC-BY)] Due to the unprecedented secrecy surrounding the Trans-Pacific Partnership (TPP) negotiations taking place this week in Ottawa, there was no formal opportunity to engage with negotiators about the concerns that EFF and many others have expressed—over issues such as the extension of copyright protection by 20 years, and the delegation of ISPs as copyright police with the power to remove content and terminate accounts.
With the alternative of allowing this round of negotiations to proceed without any public input on these important issues (and bearing in mind the maxim “If the mountain won’t come to Muhammad…”), EFF and its partners in the Our Fair Deal coalition decided to hold a side event of our own next to the venue of the negotiations. TPP negotiators were invited to watch keynote talks by two of Canada’s top copyright experts.
The Intellectual Property section of the American Bar Association has called on Congress to craft new legislation to fight infringement by “Predatory Foreign Websites” (PFW). In a white paper titled A Call for Action for Online Piracy and Counterfeiting Legislation, the group makes a number of recommendations, including the creation of a private right of action allowing rightholders to seek civil remedies. Specific civil remedies should include: “(1) injunctions directing financial payment processors to freeze the assets of PFWs and to cease doing business with such websites; (2) injunctions preventing online advertisers from paying PFWs or from displaying further ads on those websites; (3) injunctions requiring search engines to remove PFWs from paid, sponsored links; (4) injunctions requiring website hosts to cease hosting PFWs;
American University Professor Jorge Contreras has recently proposed a “pseudo-pool” approach to addressing patent stacking and hold-up concerns for industry standards (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2232515).
The proposal has attracted some attention, including from the European Commission, which had the following to say in its recent report on patents and standards