Aug 262014

OCTOBER 11, 2010 - Law professor David Levine. (Photo by Kim Walker)Sharon Sandeen at Hamline Law and I have authored a letter dated August 26, 2014 and signed by 31 United States legal academics to the Congressional sponsors of the “Defend Trade Secrets Act of 2014” (“DTSA”) and the “Trade Secrets Protection Act of 2014” (“TSPA”) (collectively, “the Acts.”)

Click here for the full Letter 

Congress has been weighing how to respond to increased cyber-espionage.  The Acts are the latest bills to create a private cause of action under the Economic Espionage Act (EEA).  A copy of the bills can be found at (DTSA) and (TSPA). Continue reading »

Aug 262014

icdraCivil Society Statement for Pre-ICDRA and ICDRA

We, the undersigned organizations, bring to the attention of Drug Regulatory Authorities, WHO, Member States and other participants of Pre and International Conference on Drug Regulatory Authorities (Pre-ICDRA and ICDRA) and community in general the following concerns with regard to the regulation of biotherapeutic products, particularly biocompetitors, and its impact on access to affordable, safe and efficacious biotherapeutics. Continue reading »

Trade Secret Fair Use

 Posted by on August 25, 2014  No Responses »
Aug 252014

deepa varadarajanAuthor: Deepa Varadarajan

Publication: Fordham Law Review, Vol. 83 (2014 Forthcoming)

Abstract: Trade secret law arose to help companies protect confidential information (e.g., the Coca-Cola formula) from competitors seeking to copy their innovative efforts. But companies increasingly use trade secret law to block a wide swath of information from the scrutinizing eyes of consumers, public watchdog groups, and potential improvers. Companies can do this, in part, because trade secret law lacks clear limiting doctrines that consider the social benefits of unauthorized use. Continue reading »

Aug 252014

msf big square cropped[Médecins Sans Frontières, Link]  Ahead of the Regional Comprehensive Economic Partnership (RCEP) Ministerial Conference to be held in Myanmar on 27-28 August 2014, see the letter below from Medecins Sans Frontieres addressed to the Indian Minister of State for Commerce & Industry regarding the inclusion of intellectual property (IP) in the negotiations of the Regional Comprehensive Economic Partnership (RCEP) and its potential impact on access to affordable generic medicines from India. Continue reading »

Aug 222014

copyright office seal 140pxDownload full text of the public draft (1222 pages).

[U.S. Copyright Office Press Release, Link] Register of Copyrights Maria A. Pallante today released a public draft of the Compendium of U.S. Copyright Office Practices, Third Edition (the “Third Edition”). The first major revision in more than two decades, the draft presents more than 1200 pages of administrative practices and sets the stage for a number of long-term improvements in registration and recordation policy.

It will remain in draft form for approximately 120 days pending final review and implementation, taking effect on or around December 15, 2014. Continue reading »

Aug 202014

india-flagLast week, the Government of Karnataka amended the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Gamblers Act, 1985 (“the Karnataka Goondas Act”). The Karnataka Goondas Act would now also apply to offences under the Indian Copyright Act, 1957 and the Information Technology Act, 2000. This article presents an overview on the various provisions of this law and discusses the potential impact of the amendment.

Click here for the full story on Spicy IP.

Aug 192014

telang-waldfogelAuthors: Rahul Telang and Joel Waldfogel

Abstract: While copyright research in the decade following Napster focused mostly on whether file sharing undermines demand, research has more recently asked how piracy and other aspects of digitization affect the supply of new products. Although revenue has declined sharply, evidence that weakened effective copyright protection undermines creation has been elusive. Continue reading »

Aug 182014

tw flagInside U.S. Trade reports that Taiwan is taking steps to develop a system of patent linkage, which would prevent generic firms from gaining marketing approval for their products while originator products are still under patent.  The country wants to join the Trans Pacific Partnership at a later date, and it expects that patent linkage will be one of the requirements for countries wishing to acceded to the Agreement.  Continue reading »

Aug 182014

sean at podiumOn August 18, a group of South African and international legal experts will work with South African filmmakers to better understand their rights as users as well as creators under copyright law. The meeting will focus on actions filmmakers can take to use and expand user rights in South Africa that are necessary to fully enable the vibrant filmmaking industry that already exists, and to support emerging artists. Continue reading »

Aug 152014

south africa flagWe would like to invite you to a workshop on Copyright Users Rights and the Clearance Culture in South African Filmmaking on August 18, at 10h00, at the NFVF, 87 Central Street, Houghton, 2198, Johannesburg. This workshop will be hosted by SASFED and its Affiliates, the Program on Information Justice and Intellectual Property (PIJIP) at American University Washington College of Law in the United States, and the Intellectual Property Unit at the University of Cape Town. The workshop follows, and will report back on, research by the partner organisations on documentary filmmaker views and perceptions on the rights of filmmakers to reuse and transform material in their filmmaking without licensing restrictions. Continue reading »

Aug 132014

certification-logo2A new website has been launched today ( that documents the extraordinary process of ‘certification’ through which the United States claims the right to vet and approve other countries laws before it will allow a trade and investment treaty to come into force.

This process has existed for many years, but it has been used more intensively in the past decade because Congress was dissatisfied with how some countries had been implementing their US free trade agreements. Continue reading »

Aug 112014

Mercatus-logoEli Dourado, Ian Robinson, Mercatus Center, George Mason University. August 2014.

Abstract: In the past two years, a spate of misleading reports on intellectual property has sought to convince policymakers and the public that implausibly high proportions of US output and employment depend on expansive intellectual property (IP) rights. These reports provide no theoretical or empirical evidence to support such a claim, but instead simply assume that the existence of intellectual property in an industry creates the jobs in that industry. We dispute the assumption that jobs in IP-intensive industries are necessarily IP-created jobs. We first explore issues regarding job creation and the economic efficiency of IP that cut across all kinds of intellectual property. We then take a closer look at these issues across three major forms of intellectual property: trademarks, patents, and copyrights.

Click here for the full paper on