Argentina and Brazil tabled language that adds more specificity to the limitations and exceptions that may be offered to the new exclusive rights of broadcasters that the proposed Broadcast Treaty would require. But the proposal fails to follow the most recent best practices in international law by requiring exceptions, protecting fair use and safeguarding the digital environment.
WASHINGTON – Today, over seventy international copyright law experts called for NAFTA and other trade negotiators to support a set of balanced copyright principles. The experts urge trade negotiators to support policies like fair use, safe harbor provisions, and other exceptions and limitations that permit and encourage access to knowledge, flourishing creativity, and innovation. Signatories include preeminent intellectual property professors and experts from law schools, think tanks, and public interest organizations in the U.S., Canada, and Mexico, as well as Argentina, Australia, China, Ireland, and Switzerland.
[Reposted from Communia Association, Link, (CC-0)] Do you remember the idea of educational fair use? The idea that education can benefit from a broad, flexible exception for a wide range of uses of copyrighted content while teaching and learning? The question is worth asking, as this progressive approach to copyright and education has not been mentioned even once in the ongoing European copyright reform process. It is a sign of how far away we are from right copyright for education. Instead, we are being pulled ever deeper into an opposite model, in which licensing is seen as the best copyright solution for educators and educational institutions. The Council of the European Union has just made one more step in that direction.
[William New, IP Watch, Link (CC-BY-SA)] Trade ministers negotiating the Trans-Pacific Partnership agreement have released the list of provisions they have suspended, including a range of articles related to intellectual property rights, such as patentable subject matter, test data protection, biologics, copyright terms of protection, and technological protection measures.
[Médecins Sans Frontières press release, Link] Ministers from the eleven countries* assessing the Trans-Pacific Partnership (TPP) trade deal have suspended many of the damaging provisions that would have restricted access to medicines and vaccines, a victory for millions of people who rely on affordable medicines worldwide.
In the agreement, now called the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP), which still has to be finalized, several of the TPP’s damaging intellectual property measures have been suspended. As originally written, the TPP—the worst trade deal ever for access to affordable medicines—would have extended pharmaceutical company monopolies, kept drug prices high, and prevented people and medical treatment providers from accessing lifesaving medicines by blocking or delaying the availability of price-lowering generic drugs in many countries.
Today, PIJIP released new research on the impact of copyright balance. The release was announced at the World Intellectual Property Organization Standing Committee on Copyright and Related Rights. The research finds that balanced copyright policies in other countries have had positive effects on net income, total sales, and value-added by foreign affiliates of U.S. firms. More generally, it finds that increases in PIJIP’s “openness score” are associated with higher revenues in the information sector, without harming traditional copyright-intensive industries.
This builds on previous research that has illustrated the benefits of fair use in the U.S., where fair use industries represent 16% of annual GDP and employ 18 million American workers. One study found that the U.S. would lose 425,000 jobs and $44 billion in GDP each year without strong safe harbors.
Tuesday, November 14, 13:00 Luncheon; 13:20 Panel Discussion
@World Intellectual Property Organization, Room A, AB Building
Sponsored by: The Brazilian Delegation to WIPO,
and the American University Washington College of Law Program on Information Justice and Intellectual Property
Background and Purpose
There is an increasing recognition in both domestic and international copyright reform debates that all creators and users in all countries benefit from copyright systems that are balanced with both author and user rights. A key balancing feature of modern copyright law is sufficient flexibility to accommodate the shifting technologies and practices of the digital age. This is particularly true in the field of education, where the evolution of digital technologies has made distribution of educational materials more cost effective, and raised concerns in some sectors about market erosion. This panel discussion will focus on the challenges and opportunities that digital technologies pose for copyright and educational materials distribution and what the best role for WIPO to play in the field might be.
Representatives of Corporacion Innovarte, Patient Foundation Nuevo Renacer, Pharmaceutical Chemists Guild, and cancer and hepatitis patients attended the Presidential Palace “La Moneda” on November 10th to deliver a letter to the Chilean President of the Republic, Michelle Bachelet, asking her to instruct the Ministry of Health to declare that there are public health reasons justifying the issuance of non voluntary licenses for the patents that prevent entry into Chile of the latest generics for the treatment of Hepatitis C and Prostate Cancer.
They were supported by a number of congressmen, such as Giorgio Jackson, Miguel Ángel Alvarado and Gabriel Boric.
[Judith Blijden, Communia Association, Link (CC-0)] The last weekend of October in London, Mozilla organised Mozfest, its annual festival for the open internet movement. Mozilla wants to enable communities to contribute to making the internet a healthy place. The festival serves as a platform where civil society organisations, artists, journalists, copyright experts and other creators can come together to share and discuss the issues close to their hearts. At Mozfest, COMMUNIA organised two session on copyright issues. We wanted to explain the role it plays online, but also to reimagine copyright that could support, and not hinder, new forms of creativity.
Belinda Townsend, Deborah Gleeson, Hazel Moir, Joel Lexchin and Ruth Lopert in The Conversation, Link (CC-BY-SA)
Negotiators from 11 countries have been racing to resurrect the near-dead Trans-Pacific Partnership Agreement before the Asia-Pacific Economic Cooperation (APEC) summit this weekend.
The latest plan to get the controversial trade deal up and running again after the withdrawal of the United States involves freezing some of its controversial rules. These include rules for biologic drugs, an expensive class of medicines often used to treat conditions such as cancer and rheumatoid arthritis.
The debate on generic medicines is not new. What makes it different today is that attacks levelled against biological products are couched in ever more “technical” and abstruse language that confuses even the World Health Organization (WHO).
By HU Yuanqiong – Advocates of access to medicines movement would not feel unfamiliar with the issue of patent evergreening on chemical medicines while monopoly could get prolonged through applying for multiple patents on small changes of the same medicine. The similar tricks have also been practiced on other medical products, such as vaccines. As a traditional public health intervention, vaccines have been costing more money in recent years when a couple of newer generation of products are exhausting governments’ budgets largely due to their monopoly situations. Recent researches have suggested that patent thicket and evergreening, among others, have played an instrumental role.