InfoJustice Roundup – December 17, 2018
Nigerian Copyright Reform and Implications for Access to Teaching and Learning Materials (TLMs) in the Digital Age
[Helen Chuma-Okoro] Abstract: This article examines the extent to which the provisions of Nigeria’s draft Copyright Bill promote access to teaching and learning materials (TLMs), with such access framed as an important public interest goal. The article highlights the weaknesses in the extant Nigerian copyright statute with regard to TLM access, and examines the extent to which the provisions of the draft Bill would provide improvement. The article concludes that while the draft Bill provides significant improvements in respect of TLM access, it also contains significant weaknesses and gaps which Nigerian lawmakers should seek to address. Click here for more.
Analysis of the Proposed TPP-Related Patent Linkage System in Taiwan
[Ping-Hsun Chen] Abstract: The Trans-Pacific Partnership (“TPP”) Agreement mandates member states to implement a patent linkage system vested in Article 18.53. To successfully join the TPP Agreement, Taiwan has begun the legislation of a patent linkage system by proposing an amendment for the Pharmaceutical Affairs Act. Article 18.53 requires a member either to adopt a notification mechanism under Paragraph 1 or to stay the issuance of marketing approval under Paragraph 2. But, Taiwan’s proposal includes both measures. Click here for more.
Promoting Copyright Balance in a US-EU Trade Agreement
[Sean Flynn and Mike Palmedo] Comments to USTR – re: Negotiating Objectives for a U.S.-European Union Trade Agreement: PIJIP is managing a multidisciplinary research project on the impact of copyright user rights in the digital environment. One issue that the United States and the European Union face in their upcoming negotiations is the degree to which they should seek to include language promoting copyright balance through limitations and exceptions in the agreement. We make this statement to share information from our research indicating that the promotion of balanced copyright systems promotes U.S. trade interests. … We also provide the results of research on existing language in trade and international law that promote balance in copyright laws and include some analysis of how such provisions could better meet U.S. interests. Click here for more.
See also: other US-EU Trade Agreement comments on regulations.gov docket USTR-2018-0035.
The Medicines Patent Pool and Unitaid Publish Intellectual Property Report on Long-Acting Technologies
[Unitaid Press Release] The Medicines Patent Pool (MPP) and Unitaid have jointly published a study into the patent landscape for long-acting technologies with the potential to have a major impact on preventing or treating HIV, hepatitis C, tuberculosis, and malaria in low- and middle-income countries. The Intellectual Property Report on Long-Acting Technologies provides an overview of the intellectual property status of long-acting products under development or already on the market as of October, 2018. The patent situation for long-acting products can be complex, the report finds, involving patent protection on the drugs themselves, on the technologies needed to manufacture them, and, in some cases, on the delivery devices… The report also finds that the geographical breadth of patent protection varies significantly among long-acting products, but that in general, products appear to have patents pending or granted for generic manufacturing in key countries. Click here for more on unitaid.org.
Is This the End of Free Streaming? The Role of Internet Service Providers in Copyright Infringement
[Anca Cazacu] Abstract: Copyright in Ireland is is protected by legislation Copyright and Related Rights Act 2000. But is the current legislation sufficient to cover the fast development of sharing online information? In this paper I have analysed how Internet Service Providers have been affected by recent changes in Irish Copyright Law and how have the Irish Courts decided to grant injunctions against a third party. I also discussed and showed examples of how breaches of Copyright have been applied in other European and US jurisdictions. Click here for more.
India Seeks to Expedite Women’s Patent Applications
[World Intellectual Property Review] The Indian Patent Office will have to expedite the examination of patents filed by women under new rules proposed to promote female entrepreneurship… The draft changes stipulate that if a patent applicant or at least one of the applicants in a group is female, the Indian Patent Office would expedite the examination of that application. Click here for more on worldipreview.com.
