Jun 222016

palmedoI’ve written before on the U.S. Chamber of Commerce’s International Intellectual Property Index, which ranks the strength of countries’ intellectual property protection based  on publicly available information about the IP landscape in each country. This includes laws, regulations, court decisions, academic studies, analysis from bodies like OECD, and news stories. As I mentioned in my post on the 2014 index, a fair amount of subjectivity goes into the document, which ranks the U.S. #1 and is used to promote the expansion of U.S.-style intellectual property norms.

Today I came across James Nurton’s post on the Managing IP Blog about the multinational law firm Taylor Wessing’s Global Intellectual Property index (GIPI). This comparison of countries’ IP protection ranks the U.S. at 24 out of 43 – tied with Chile and occupying a neighborhood in the list among other countries the U.S. has accused of inadequate IP protection.   Continue reading »

Jun 202016

EU Flag [William New for IP Watch, Link (CC-BY-NC-SA)] The 28 European Union governments today were expected to give final approval to a first-ever plan to analyse medicines competition in Europe, with reference to drug prices, generics and biosimilars, and intellectual property rights. The final version was watered after what sources said was heavy industry lobbying, compared to a leaked version published in Intellectual Property Watch two weeks ago, but still retains some strong provisions regarding pricing and competition. Continue reading »

Jun 202016

hannibal travisAuthor: Hannibal Travis

Abstract: This piece explores the digitization and uploading to the Internet of full-text books, book previews in the form of chapters or snippets, and databases that index the contents of book collections. Along the way, it will describe the economics of copyright, the “digital dilemma,” and controversies surrounding fair use arguments in the digital environment.

It illustrates the deadweight losses from restricting digital libraries, book previews, copyright litigation settlements, and dual-use technologies that enable infringement but also fair use. By taking into account the lack of evidence that some forms of copying inflict serious harm, the emerging law of digitization and search engines for books would return contemporary copyright doctrine to a time when it only prohibits acts more likely to result in economic harm, such as competitive piracy.

Full text on SSRN: http://ssrn.com/abstract=2791181

Jun 202016

ictsd-160pxThe WTO’s Trade Related Aspects of Intellectual Property Rights (TRIPS) Council discussed the topic of e-commerce last week for the first time since 2003, sources said, during a 7-8 June meeting in Geneva. Other topics on the meeting’s agenda included sustainable resources and low emission technology strategies, and the perennial issues of non-violation complaints and the relationship between the TRIPS agreement and the Convention on Biological Diversity (CBD). In addition, the EU presented its new Trade Mark Directive and Trade Mark Regulation, which raised concerns with some members over possible restrictions on the transport of generic medicines through the 28-nation bloc’s borders.

Click here for the full story on ictsd.org.

Jun 162016

chile flag[Timothy Vollmer, Creative Commons, Link (CC-BY)] In May we learned that Chile’s Chamber of Deputies approved an amendment to a bill that would create a new, unwaivable right of remuneration for authors of audiovisual works. The law would apply to all audiovisual works, even those published under open licenses. This would mean that audio and video creators are supposed to be compensated even if they do not wish to receive royalties. Creative Commons and CC Chile are concerned that the bill could create unnecessary complexity for authors who want to share their works under CC licenses. Continue reading »

Jun 152016

communia[Anna Mazgal, Communia Association, Link (CC-0)]  The parody exception cultivates the French tradition of satire. When the goal is to make people laugh, anybody can freely create a distinctively different mockery of a protected work. This encourages creativity and freedom of expression.

Within the Best Case Scenarios for Copyright series, we present France as the best example for parody. Below you can find the basic facts and for more evidence check the Best Case Scenario for Copyright – Parody in France legal study. EU, it’s time to #fixcopyright! Continue reading »

Jun 132016

weatherallAuthor: Kimberlee G. Weatherall

Abstract: This paper explores how international intellectual property (IP) law protects the rights and interests of defendants in IP enforcement procedures. It offers a mapping and analysis of a range of procedural safeguards and limits to remedies found in the international legal framework governing IP enforcement. Continue reading »

Jun 132016
image: 未知との遭遇 (CC-BY)

image: 未知との遭遇 (CC-BY)

[TWN, Link] Letter sent by 38 Civil Society Groups to India, Indonesia, Myanmar, Thailand, Malaysia, New Zealand, Lao, Philippines, Vietnam, Australia, Brunei, Singapore, Cambodia, Japan, South Korea

As civil society organisations concerned with access to medicines, to educational resources, to environmentally sound technologies (ESTs), and to other public goods and cultural creations and further concerned with farmers’ rights, food security and industrial development, we call on countries negotiating the RCEP agreement and to protect the flexibilities available under the WTO TRIPS agreement for Least Developed Countries (LDCs).  Continue reading »

Jun 132016

obAuthor: Oleksandr Bulayenko

Abstract: The possibility of the EU member states to adapt copyright legislation to new circumstances and to address unforeseen issues is limited by the list of exceptions and restrictions of the InfoSoc Directive. In spite of this constraint, the EU copyright framework provides for a possibility of introduction of non-voluntary forms of collective rights management that can help to tackle some of the contemporary problems with remuneration and access. Continue reading »

Jun 082016

effbigThe bill now sits with the State Senate Judiciary Committee and must be defeated.

Ernesto Falcon, EFF, Link (CC-BY)

California’s A.B. 2880 will give government agencies the power to put copyright restrictions on their work. That means state bureaucrats will be able to wrap their reports, research, e-mails, and even videos of public meetings in onerous legal restrictions, backed by federal lawsuits and six-figure penalties. The bill would change California from one of the most open state governments to one of the least open. EFF opposed the bill and explained its dangers to the State Assembly. Continue reading »

Jun 082016

communia[Anna Mazgal, Communia Association, Link (CC-0)]  Freedom of panorama is a fundamental element of European cultural heritage and visual history. Rooted in freedom of expression, it allows painters, photographers, filmmakers, journalists and tourists alike to document public spaces, create masterpieces of art and memories of beautiful places, and freely share it with others.

Within the Best Case Scenarios for Copyright series we present Portugal as the best example for freedom of panorama. Below you can find the basic facts and for more evidence check the Best Case Scenario for Copyright – Freedom of Panorama in Portugal legal study. EU, it’s time to #fixcopyright! Continue reading »

Jun 072016

india-flagJoint Statement by 11 NGOs:  Forum Against FTAs, Lawyers Collective, All Indian Drug Action Network, Initiative for Health & Equity in Society, Third World Network, National Working Group on Patent Laws, Gene Campaign, New Trade Union Initiative, Navdanya, Software Freedom Law Centre, and the Centre for Internet and Society.  [Reposted from Third World Network (Link)]

We understand that intellectual property rights (IPRs) would be a priority topic of discussion during Prime Minister’s forthcoming visit to the United States of America (USA). During the past two decades or so, the issue of IPRs has become a key tool for managing competition in the name of promoting innovation and a knowledge economy. Continue reading »