Abstract: Copyright’s interest in promoting creative production is often described as requiring a “balance” between exclusion and access rights. Owners of copyright receive exclusive rights to control copies of their works, which enables authors to earn returns on their creations through sales or licensing transactions. But as important to promoting creation are the user rights in copyright law which permit building on the work of predecessors.
[Kate Ribet, MSF/Fix the Patent Laws, Link (CC-BY-SA)] Leading up to World Cancer Day (4 February 2016), the Fix the Patent Laws coalition released a short video highlighting how shortcomings in South Africa’s patent laws contribute to barriers to access for critical breast cancer medicine trastuzumab. The Fix the Patent Laws coalition is a coalition of 18 patient groups, including the Cancer Alliance, and Alliance members: the Cancer Association of Southern Africa and People Living with Cancer.
Watch the video here.
This briefing document provides background on trastuzumab and patent-related barriers to access.
Ethan Senack and Robert Donoghue
Report for Student PIRGs (CC-BY)
Full Study | Executive Summary Follows:
Over the last decade, the cost of college textbooks has soared. Since 2006, the cost of a college textbook increased by 73% – over four times the rate of inflation. Today, individual textbooks often cost over $200, sometimes as high as $400.
The Trans-Pacific Partnership (“TPP”) is a massive new trade agreement recently negotiated between the US and a host of countries including Australia, Japan, Canada, Mexico, Singapore, and Chile. The TPP’s IP Chapter (PDF) includes a series of provisions that address rightsholder abuse. While the agreement’s acknowledgment of abuse is salutary, and the protections it affords to users are real, these provisions rely largely on the discretion of judicial or administrative authorities, making the agreement’s protections for users less certain than protection for rightsholders.
Dugie Standeford for IP-Watch, Link (CC-BY-NC-SA)
The Nigerian government has continued to make progress toward new copyright legislation in recent weeks, but efforts appear to have become less transparent, as the results of a public comment period that ended weeks ago have not been made available and as of press time the draft copy of the bill was no longer available on the Copyright Commission website.
[Cable Green, Link (CC-BY)] Creative Commons (CC) believes publicly funded education, research and data resources should be shared in the global commons. The public should have access to what it paid for, and should not be required to pay twice (or more) to access, use, and remix publicly funded resources.
This is why we are pleased to announce that the U.S. Department of Labor (DOL) has adopted a department-wide Creative Commons Attribution (CC BY) license requirement on intellectual property developed under a competitive Federal award process.
Caroline B Ncube ‘Fair is as fair does: Contractual normative regulation of copyright user contracts in South Africa’ in GB Dinwoodie (ed) Intellectual Property and General Legal Principles:Is IP a Lex Specialis? (2015) Edward Elgar 49–68.
Abstract: This chapter considers how contract and consumer protection law could be used to regulate or enhance the fairness of copyright licenses. It specifically considers reprographic reproduction licenses granted to universities and other higher education institutions in South Africa.
Authors: Andrew Hill, Dzintars Gotham, Joseph Fortunak, Jonathan Meldrum, Isabelle Erbacher, Manuel Martin, Haitham Shoman, Jacob Levi, William G Powderly, Mark Bower.
Objective: To calculate sustainable generic prices for 4 tyrosine kinase inhibitors (TKIs).
Background: TKIs have proven survival benefits in the treatment of several cancers, including chronic myeloid leukaemia, breast, liver, renal and lung cancer. However, current high prices are a barrier to treatment. Mass production of low-cost generic antiretrovirals has led to over 13 million people being on HIV/AIDS treatment worldwide. This analysis estimates target prices for generic TKIs, assuming similar methods of mass production.
WASHINGTON —A report issued today by the U.S. Department of Commerce recommends amendments to copyright law that would provide both more guidance and greater flexibility to courts in awarding statutory damages. The recommended amendments would ensure continued meaningful protection for intellectual property while preserving the dynamic innovation that has made digital technology so important to the American economy.
Officials from the U.S. Trade Representative’s office have been signaling to businesses unhappy with the deal finalized last year that they may win extra concessions from TPP partner countries through the implementation process.
Politico reports that U.S. Trade Representative Michael Froman “is sending the message that he’s listening to calls from business groups and some members of Congress to address their complaints with TPP through the way it is implemented, as well as other avenues.
This is a rare victory. The court has long been reluctant to raise hands of individuals having rights to know, especially when it comes to trade agreements. Back in 2007 when the KorUS FTA talk was close to a conclusion, the court decided in favor of the Korean government to keep confidential draft texts of the FTA. We have two additional court decisions rejecting the request for information disclosure of negotiating documents of KorUS FTA in 2008 and in 2009.
In January 21st 2016, the Korean Administrative Court in Seoul held, in favor of the plaintiff, the Lawyers for a Democracy Society , that the negotiating documents of the KorUS FTA be disclosed. Yet it is too early to expect that we may soon see the whole documents because the defendant (S. Korean Government) is very likely to appeal and the court ruling is confined to one specific paragraph in the preamble of the FTA.
(Cross posted from ipclinic.org, Link] In October 2015 the Librarian of Congress issued an important new rule permitting faculty and staff creating MOOCs (massive open online courses) to copy short clips from video media protected by digital locks. The rule was the result of a petition brought by clinic students Mark Patrick and Sarah O’Connor on behalf of Peter Decherney, Professor of Cinema Studies and English at the University of Pennsylvania, the College Art Association (CAA), the International Communication Association (ICA), and the Society for Cinema and Media Studies (SCMS). The rule may be the first official acknowledgment that MOOC courses are appropriate venues for the fair use of copyrighted media, including video content.