Feb 242017
 

Civil Society Statement circulated by Haochen Sun, Associate Professor of Law and Director, Law and Technology Centre, The University of Hong Kong. Click here to sign the Statement. Click here to download the Statement.

Introduction: The Regional Comprehensive Economic Partnership (RCEP) aims to conclude a comprehensive agreement that promotes free trade and investment among Australia, China, India, Japan, New Zealand, South Korea and member states of the Association of Southeast Asian Nations (ASEAN). As a hallmark of this proposed agreement, the RCEP Intellectual Property (IP) Chapter will set out a host of minimum standards for IP protection in the sixteen participating countries.

We are deeply concerned about the copyright protection standards proposed for the RCEP IP Chapter. They may cause unintended effects of stifling creativity, free speech, and economic growth. We urge that the new rounds of RCEP negotiations reconsider those standards by applying the following three principles: Continue reading »

Feb 242017
 

[Teresa Hackett, Electronic Information for Libraries, Link (CC-BY)] EIFL is participating in Fair Use/Fair Dealing Week, an annual celebration designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate success stories, and explain these doctrines. Over 40 countries around the world have fair use or fair dealing in their copyright laws. In this blog, Teresa Hackett, EIFL’s Copyright and Libraries Programme Manager, discusses the evolution of fair dealing in the copyright laws of five EIFL partner countries: Botswana, Ghana, Malawi, Lesotho, Myanmar and Uganda. Continue reading »

Feb 202017
 

[Maximiliano Marzetti, guest contributor to IP Watch, Link (CC-BY-NC-SA)] On 12 December, the Argentinian Copyright Office and the Ministry of Culture invited a group of stakeholders, among which was this author, to discuss the final draft of the Exceptions and Limitations Bill (Proyecto de Ley de Excepciones) to modify current Copyright Act no.11.723 of 1933. One wonders whether it would be better to draft from scratch a modern Copyright Act instead of patching up the old 1933 Act. Nevertheless, the bill is welcomed. Argentina, as this author has already expressed, has one of the most restrictive copyright laws in the world (see Propuestas para ampliar el acceso a los bienes públicos en Argentina – Estableciendo el necesario balance entre derechos de propiedad intelectual y dominio público, Maximiliano Marzetti, Buenos Aires, 2013). Continue reading »

Fair Dealing Week 2017

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Feb 192017
 

[Meera Nair, Fair Duty, Link (CC-BY-NC-SA)] Tomorrow marks the start of Fair Dealing Week in Canada. There is much to be proud of with the steady advance in the realm of exceptions, gained not by intemperate action but by deliberative thought on the part of the judiciary, the government, the Copyright Board, and, institutions and individuals across the country. A moment of celebration and pride is warranted. Yet, significant challenges remain. Educational institutions continue to be a favorite target with copyright owners. Those who take aim at fair dealing lack a cogent argument grounded in either legality or economics, and so must rely on hyperbole. The picture painted is that educational institutions steal from an industry which is on its deathbed, to the detriment of those individuals who carry the very soul of the nation. Continue reading »

Feb 142017
 

[Electronic Information for Libraries, Link (CC-BY)] In 2016, libraries globally were set to spend 30 billion USD on books, journals, databases and other information resources, mostly paid from public funds. So when it comes to using the resources, libraries want fair access for their users, reasonable ability to reuse the material and value for taxpayer money. That’s why EIFL has joined a call by 34 organizations representing education, libraries and an open internet for a better copyright reform for education in Europe. On 7 February 2017, COMMUNIA, a European network that advocates for policies that expand the digital public domain, sent a joint letter to Members of the European Parliament (MEPs) who are currently scrutinizing copyright reform proposals issued by the European Commision in September 2016. Continue reading »

Feb 132017
 

[Natalia Mileszyk, Communia Association, Link (CC-0)] The Rapporteur Marc Joulaud of the Committee on Culture and Education (CULT) recognises the problem with proposed article 11 regarding protection of press publications concerning digital uses – it can threaten hyperlinking and various ways users use content online. In Communia’s opinion the Commission’s proposal to introduce a right for press publishers is poorly aligned to the objective of modernising the EU copyright framework and adapting it to the challenges of a fast-evolving digital environment. In the light of the above we believe that the only solution is to remove the whole idea from the directive. This is not the approach shared by CULT – instead 3 problematic changes were proposed: Continue reading »

Feb 132017
 

Author: Giancarlo F. Frosio

Abstract: Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, intermediary liability exemptions were introduced to promote an emerging Internet market. Do safe harbours for online intermediaries still serve innovation? Should they be limited or expanded? These critical questions — often tainted by protectionist concerns — define the present intermediary liability conundrum. Continue reading »

Feb 072017
 

[Reposted from blog.ffii.org]  The following is an excerpt from the full working paper Multilateral Investment Court Assessment Obscures Social and Environmental Impacts, available here

Copyright does not work well in the digital world; the patent system is inefficient. Our societies could benefit from reform. 33 The WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and other international agreements limit possibilities for reform. Expansive interpretation of international treaties would further limit our policy space. Continue reading »

Feb 072017
 

– Demonstrations held at Roche & pharma associations in South Africa, Malaysia, UK, France, Zambia, Brazil, US

– Further campaign activity in India, Russia, Ukraine, Morocco, Zimbabwe

108 organisations endorse a letter to Roche

[TAC Press Release, Link (CC-BY)] Swiss multinational company Roche faced global condemnation today from women living with cancer, families of people with cancer, activists, scientists, researchers and health professionals from across the world. They highlighted the immoral and unconscionable tactics employed by Roche across the developed and developing world. Roche’s greed is preventing women from accessing affordable versions of trastuzumab, an essential medicine used in the treatment of breast cancer. Continue reading »

Feb 062017
 

The Program on Information Justice and Intellectual Property, the Australian Digital Alliance and Internet NZ are hosting a series of meetings and workshops on user rights in copyright reform in Australia and New Zealand February 13-24. Participants in the events include  Michael Geist, Bill Patry, Sang Jo Jong, Kimberlee Weatherall, Rebecca Giblin, Suzy Frankel, Jessica Coates, Heesob Nam, Peter Jaszi, Patricia Aufderheide, Sean Flynn and Meredith Jacob.

Public events on the tour include: Continue reading »

Feb 062017
 

Twenty trade associations have written the House and Senate leadership urging Congressional engagement on the trade relationship between the U.S. and India. Their letter identifies intellectual property protection as an “ongoing challenge.” It highlights diplomatic structures where the countries have discussed IP and other issues, then notes that “WTO dispute settlement has played and should continue to play a key role in ensuring that India follows through on its international commitments.” Continue reading »

Feb 032017
 

Photo: Hinterkappelen (CC-BY-SA)

[Communia-Association, Link (CC-0)] As the copyright reform process continues in Europe, it is worth noting the result of an Indian case concerning photocopying and the extent of the educational exception. In 2012, Delhi University and a small photocopy shop named Rameshwari Photocopy Service were sued by Oxford and Cambridge University Presses together with the Taylor & Francis Group. The publishers alleged that the photocopying of substantial excerpts from their publications and issuing or selling them in course packs infringed their copyrights. They also argued that Delhi University should obtain a license from the Indian Reprographic Rights Organization in order to make the copies. Continue reading »