Apr 232014

BrookBakerThis paper provides a detailed analysis of the effective geographical scope of the recently announced adult and pediatric between the Medicines Patent Pool and ViiV Healthcare covering dolutegravir. an important integrase inhibitor.  In addition to providing a comprehensive analysis of the effective geographical scope of the licenses, taking into account both the formally licensed territory and territories where ViiV patent rights would not be violated by sales of dolutegravir, the paper also analyses other key aspects of the licensing agreement. Continue reading »

Apr 182014

TDM report coverReport prepared for the EC Directorate-General for Research and Innovation, prepared by an Expert Group chaired by Ian Hargreaves with members Lucie Guibault, Christian Handke, Peggy Valcke, Bertin Martens, and Ros Lynch, supported by Ros Lynch and Sergey Filippov.  The full report is available here (PDF), and the executive summary follows.

Text and data mining (TDM) is an important technique for analysing and extracting new insights and knowledge from the exponentially increasing store of digital data (‘Big Data’). It is important to understand the extent to which the EU’s current legal framework encourages or obstructs this new form of research and to assess the scale of the economic issues at stake. Continue reading »

Apr 172014

peru flagPharmaceutical companies’ abuse of monopolistic position results in million-dollar overspending in public purchases.

[Javier Llamoza and Ana Romero] Atazanavir is an antiretroviral, second-line medicine that is used to treat people living with HIV.   In Peru, this drug is patented by Bristol Myers Squibb (BMS), ensuring exclusivity and a high price for the same in the national market.  A related result of this situation is that Peru’s public health sector overspends approximately US$ 7.5 million annually, as the present patent on Atazanavir does not allow for the purchase of the generic product.   In contrast, the generic version of this medicine is available in Bolivia, for example, and costs that country US$ 0.50 per 300mg tablet, while in  Peru, an average of  US$ 12.85 is paid for the original brand name (Reyataz tab 300mg ),  24 times more for the same product. Continue reading »

Apr 162014

mm-cropped[Cross posted from Digital Rights LAC, Link (CC-BY-SA)] In the last chapter of a long debate, the National Institute for the Defense of Competition and Protection of Intellectual Property suspended the board of the Peruvian Association of Authors and Composers for one year. But what hides within this long discussion in a country like Peru, which is advancing firmly in its economic and cultural development? A radical change, perhaps.

During October 2013, an investigative report managed to inform the public on how copyright is designed and enforced in Peru. Its revelations have prompted congressional hearings, a state decision to suspend the directors of a collecting society, the first designation, after ten years, of a new director for the Office of Copyright and up to thirteen bills that aim to modify the most controversial parts of the law. Does this represent a real change for copyright in Peru or is it just a temporary phenomenon? Continue reading »

Apr 162014

file-sharing-evidence-review-cover.png-213x300Reposted description from the CREATe launch announcement

CREATe Working Paper 5/14
Steven James Watson, Daniel John Zizzo and Piers Fleming (2014)

Using systematic reviewing techniques drawn from the medical sciences, a team of behavioural economists and psychologists from the University of East Anglia has undertaken a scoping review of all evidence published between 2003-2013 into the welfare implications and determinants of unlawful file sharing. Articles on unlawful file sharing for digital media including music, film, television, videogames, software and books, were methodically searched; non-academic literature was sought from key stakeholders and research centres. 54,441 sources were initially found with a wide search and were narrowed down to 206 articles which examined human behavior, intentions or attitudes. Continue reading »

Apr 142014

bad-gerafiJonathan Band and Jonathan Gerafi

In March 2014, the International Federation of the Phonographic Industry (IFPI) announced that global industry revenues declined 3.9 percent in 2013. IFPI claims that “digital piracy is the biggest single threat to the development of the licensed music sector and to investment in artists.” Notwithstanding these dire pronouncements, the record labels remain profitable and the music industry as a whole is thriving.

Click here for the full paper.

Apr 032014

who-logoKajal Bhardwaj and Cecilia Oh
UNITAID, World Health Organization

In recent years, the number of bilateral and regional trade negotiations has been increasing. Many of these negotiations involve both developed and developing countries, and the ensuing free trade agreements often contain extensive provisions on the protection of intellectual property rights. These provisions usually impose a higher level of protection for intellectual property rights than is required under the Agreement on Trade-Related Aspects of Intellectual Property Rights, or TRIPS Agreement. These so-called “TRIPS-plus” provisions delay generic market entry and competition. As such, they run counter to UNITAID’s efforts to increase the affordability of, and access to, medicines and other medical products. Continue reading »

Apr 032014

sean at podium30 international intellectual property law professors from around the world filed a brief in the U.S. Supreme Court today in ABC v. Aereo. Aereo is being accused of being directly liable for copyright infringement by supplying equipment for a remote DVR service that allows consumers to record and play back free-to-air television programming. The brief responds to arguments made by IFPI et al and some other amici supporting ABC that international copyright law — including the Berne Convention, WIPO Copyright Treaty and several Free Trade Agreements — control the case. This brief argues that international law is not controlling, but rather leaves countries free to hold that Aereo’s equipment only facilitates private copying by consumers. Continue reading »

Mar 312014

IFPI coverThe IFPI (International Federation of the Phonographic Industry) released its annual digital music report last week. It reports a strong (51.3%) growth in digital subscription services, as well as growth from ad-supported streaming services.

Like previous IFPI digital music reports, it contains sections describing the industry’s efforts against online infringement, but it also contains sections about its efforts to adjust to the new online environment. One interesting bit, reported by the Star, is that “recording industry is making more money from fan-made mashups, lip-syncs and tributes on YouTube than from official music videos.” Continue reading »

Mar 282014

cigarettesThe New Zealand Parliament is considering the adoption of plain packaging of tobacco products with the introduction of the Smoke-Free Environments (Tobacco Plain Packaging) Amendment Bill 2014 (NZ). There has been strong support for the measure amongst the major parties – including the National Party; the Maori Party; the Labor Party; and the Greens. The New Zealand parliamentary debate has considered matters of public health and tobacco control; the role of intellectual property law; and the operation of international trade and investment law. Continue reading »

Mar 282014

BrookBakerProfessor Brook K. Baker, Northeastern U. School of Law
Policy Analyst Health GAP
Full Paper – PDF

On or about March 18, 2014, a third draft of the renamed “equitable access” proposal was released by Mark Dybul, Executive Director of the Global Fund, to partners for further input.  If anything, this third draft, the text of which is attached , is worse than the previous two drafts: Continue reading »

Mar 272014

india-flagResist the U.S. Administration Pressure and Reject the Misleading Allegations of U.S. Business Associations

We the undersigned organizations and individuals are writing this letter to urge you to reject the pressure tactics of the United States (US) administration against India and to resist and challenge such US unilateral threats at multilateral forum. Continue reading »