InfoJustice Roundup – February 18, 2019
The Text of Article 13 and the EU Copyright Directive Has Just Been Finalised
[Julia Reda, MEP] In the evening of February 13, negotiators from the European Parliament and the Council concluded the trilogue negotiations with a final text for the new EU Copyright Directive. For two years we’ve debated different drafts and versions of the controversial Articles 11 and 13. Now, there is no more ambiguity: This law will fundamentally change the internet as we know it – if it is adopted in the upcoming final vote. Click here for more.
‘Netflix’ Pricing Model Eases Australians’ Access To Expensive Hepatitis C Drugs
[Elaine Ruth Fletcher] An innovative five-year agreement between the Australian government and pharmaceutical companies, involving a lump sum payment of about US$ 766 million for an unlimited five-year supply of the most advanced Hepatitis C (HCV) drugs, has reduced the per-patient costs of these cutting-edge treatments by roughly 85%, according to a study today in the New England Journal of Medicine. Click here for more on Health Policy Watch.
User-Generated Content – Towards a New Use Privilege in EU Copyright Law
[Martin Senftleben] Abstract … In the EU, the UGC problem features prominently in the debate about a so-called “value gap” in the online distribution of copyrighted content. The current value gap debate focuses on the neutralization of the safe harbour for hosting as an instrument to generate licensing revenue for the dissemination of UGC. However, a closer analysis of the breathing space for new copyright limitations in international and EU law shows that the adoption of a new use privilege for the creation and dissemination of UGC would be preferable. Click here for more.
AG Szpunar on Copyright’s Relation to Fundamental Rights: One Step Forward and Two Steps Back?
[Daniel Jongsma] Abstract: This paper discusses three recent Opinions by Advocate General Szpunar of the CJEU, all touching upon the relationship between copyright and fundamental rights. It discusses several problematic elements in the AG’s approach. In dealing with questions regarding the scope of the reproduction right and the quotation exception, his over-reliance on textual arguments leads to expansive copyright protection. The arguable negative impact this has on the fundamental rights of others, and with it the question whether this interpretation strikes a “fair balance”, is largely ignored. Regarding the question whether fundamental rights can act as external constraints on copyright, the AG ultimately fails to develop a coherent framework suitable for use in future cases. Click here for more.
Democratic Lawmakers Criticize USMCA Rules on Data Protection for Biologics
[Mike Palmedo] Democratic lawmakers are again warning that USMCA intellectual property chapter’s rules on test data protection for biologics could scuttle the deal. The text grants developers of new biologic drugs a ten year period of exclusivity during which biosimilar competitors cannot win marketing approval based on the innovator’s test data. This period is longer than the five-year period required in previous trade agreements for small molecule drugs, and it could block biosimilar entry after patent expiration. Click here for more.
