InfoJustice Roundup – October 22, 2018
Copyright, Online News Publishing and Aggregators: A Law and Economics Analysis of the EU Reform
[Giuseppe Colangelo and Valerio Torti] Abstract: On 12 September 2018 the European Parliament approved the new version of the proposal for a Directive on Copyright in the Digital Single Market elaborated by the European Commission in 2016. In order to address problems in protecting content and improve the bargaining position of press publishers against information society service providers, the European Commission decided to intervene on rights, introducing an additional layer of copyright, namely a new neighbouring right that will cover reproduction and the making available to the public of press publications to the extent that digital uses are concerned. Click here for more.
U.S. Government Seeks Comments on USMCA
The U.S. International Trade Commission (ITC) has requested comments from the public on “the likely impact of the United States-Mexico-Canada Agreement (USMCA) on the U.S. economy as a whole, on selected industry sectors, and on U.S. consumer interests.” The deadline for written comments is December 20. The ITC will also hold a public hearing on the topic, at which anyone can testify if they file a request to appear by October 29. For more on the comments and hearing, see the Federal Register Notice.
What Next for Mega Trade Deals? Australian Senate Passes Pacific Trade Deal, the Trans-Pacific Partnership
[Matthew Rimmer] Australia is the fourth country to ratify the deal after Mexico, Japan and Singapore. For the deal to enter into force globally, two more nations need to ratify the agreement. Professor Rimmer said debate was continuing in Vietnam and Malaysia but should be the next two nations to endorse the free trade accord. The trade deal would then come into force between member countries from 2019. “The past month has been a watershed moment in international trade law, with critical developments in respect of mega-regional agreements in the Pacific Rim, North America, Great Britain and the European Union,” he said. “The United States-Mexico-Canada Free Trade Agreement will certainly have ramifications for the TPP, especially given how it has affected Mexico and Canada. Click here for more.
The More Things Change: Improvement Patents, Drug Modifications, and the FDA
[Dmitry Karshtedt] Abstract: Pharmaceutical companies often replace prescription drugs that are already on the market with modified versions that have the same active pharmaceutical ingredient. On the surface, such activity seems benign and perhaps even salutary. Nonetheless, antitrust litigation has revealed that firms sometimes modify existing drugs not because new formulations would demonstrably improve health outcomes, but principally because so-called secondary patents covering the new version of the drug enable them to maintain some effective market power over the active ingredient for which original, primary patent protection has expired. This “product-hopping” strategy runs counter to the goal of the legislative framework for regulating branded and generic drug approvals, which is to create appropriate incentives for discoveries that raise the quality of patient care and human health by providing a period of reward for the brand followed by timely and effectual generic entry. Click here for more.
UNESCO Recognizes the Importance of Exceptions and Limitations
[Judith Blijden] … while the special impact of OER is clear, often little attention is given to the issue of educational exceptions to copyright. Copyright frameworks that lack such exceptions can be an unjust obstacle for educators, and in particular can adversely affect the creation and use of OERs. Last year, we participated in the 2nd World OER Congress with the aim to raise awareness about educational exceptions as complementary means for achieving the goals of Open Education. The Ljubljana OER Action Plan, adopted by UNESCO members at the Congress, then, did not include actions related to copyright reform. Fortunately, this has now changed. Click here for more.
Effect of Open Access on Copyright Challenges and Library Budgets in Africa
[Kgomotso Radijeng] Open Access (OA) is one of the key methods of ensuring free access to information for all. There is no doubt that OA has liberated access to information and many institutions across the whole world have embraced it. OA is also increasingly becoming relevant as countries, especially the least developed, experience economic difficulties, with libraries experiencing extensive budget cuts. However, there is a gap in terms of assessing the impact that OA has had on the challenges that it is meant to address such as copyright restrictions and budget constraints. Earlier this year a small survey was carried out to find out if the use of open access resources has had any impact on alleviating copyright challenges to access to information and budget constraints. Click here for more.
UN adopts First Resolution on Tuberculosis: G77 and China Statement Calls for Increasing Resources and Expanding affordable Access to Medicines
[Viviana Munoz Tellez and Mirza Alas] On September 26, the United Nations General Assembly adopted a political declaration of the high-level meeting of the General Assembly on the fight against tuberculosis (TB), as resolution A/RES/73/3. The Group of 77 and China delivered a statement supporting the new commitments and calling for increased resources and means of implementation by the international community towards developing countries in most need, as well as increasing affordable access to medicines, diagnostics, vaccines and other medical tools, scaling up investments in research and development and delinking its costs from the price and sales volumes of new medical tools. Click here for more.
