Apr 182016
 

wcl-sydney-torontoIntellectual property scholars and researchers from prominent universities in the U.S., Canada and Australia have released a submission to the Australian Productivity Commission strongly criticizing a report by PriceWaterHouseCoopers (PWC) on the economics of fair use (PWC Report).”

According to the Academics’ Submission:

The diffuse and forward-looking benefits of open exceptions like fair use may be hard to measure, but they are no less real. The PWC’s evaluation of the costs and benefits of fair use are not real. It is full of imagined horror stories that are unlikely to take place in fact. Continue reading »

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Mar 072016
 

sean - 150x150This reply comment responds to key questions that we were asked of us and others at the Special 301 hearing.

Flexible Exceptions Work in Developing Countries

I was asked in the hearing to comment on the proposition that flexible exceptions like fair use are only appropriate for the U.S. or other countries with highly developed adjudication systems. As I noted in the hearing, this idea is based on some key fallacies. Continue reading »

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Feb 292016
 

un 400pxJoint Submission by Sean Flynn, Cynthia Ho, David Levine, Gabriel Levitt, Heesob Nam, Alina Ng, and Andrew Rens

This statement calls on the High-Level Panel to promote policy coherence in the international intellectual property, human rights and global health system in part through a strong articulation and examination of the implications of the human rights duty to interpret and implement all legislation to promote the right to health and corresponding rights to access needed medicines. The submission describes why such a mandate – from the lens of international economic theory – would lead to the conclusion that states must make maximum use of routine compulsory licensing programs for pharmaceuticals to rectify intellectual property and health concerns. It then articulates how adoption of the interpretive rule should justify and motivate specific government actions – including minimizing the scope of patent rights and maximizing the use of routine compulsory licensing – that would help reduce the incoherence between rights of inventors, international human rights laws, trade rules, and public health objectives.

Click here for the full submission (PDF).

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Feb 082016
 

sean - 150x150Joint Special 301 Comment by Professors Michael Birnhack, Peter Jaszi, David Levine, Srividhya Ragavan, and Lea Shaver; and civil society organizations Public Knowledge and the Karisma Foundation.

The first part of this submission calls on USTR to adopt two interpretive principles in implementing the Special 301 statute. USTR should give proportional consideration to appropriate limitations and exceptions in evaluating foreign intellectual property systems, including by mentioning positive examples of limitations and exceptions in its “best practices” and “positive developments” identifications, and by listing countries on watch lists for egregious cases where a lack of limitations and exceptions stands as a barrier to US trade. Continue reading »

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Feb 032016
 

sean - 150x150Flynn, S. (2015). Copyright legal and practical reform for the South African film industry. The African Journal of Information and Communication (AJIC), 16, 38-47.

Abstract: Copyright’s interest in promoting creative production is often described as requiring a “balance” between exclusion and access rights. Owners of copyright receive exclusive rights to control copies of their works, which enables authors to earn returns on their creations through sales or licensing transactions. But as important to promoting creation are the user rights in copyright law which permit building on the work of predecessors. Continue reading »

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Dec 172015
 

sean at podiumThe Chairs of the User Rights Track of the 2015 Global Congress on Intellectual Property and the Public Interest adopted the following final plenary statement:

Through the past four Global Congresses we have re-energized a movement, created and shared evidence, and set common agendas for the infusion of public interest objectives into intellectual property policy making. We recommend that the Steering Committee for the Congress strongly consider seeking to host the next Global Congress in Geneva, Switzerland. Continue reading »

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Dec 112015
 

sean at podiumStatement of Sean Flynn, Program on Information Justice and Intellectual Property

Standing Committee on Copyright and Related Rights: Thirty-First Session December 7-11, 2015 (Geneva, Switzerland)

Thank you for recognizing me on the issue of promoting limitations and exceptions for educational purposes, potentially within the discussions underway on the needs of libraries.  Continue reading »

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Nov 052015
 

sean - 150x150Today’s release of the TPP agreement confirms that its Investor State Dispute Settlement (ISDS) chapter would expand the rights of private companies to challenge limitations and exceptions to copyrights, patents, and other intellectual property rights in unaccountable international arbitration forums. The text contains broader provisions than are being used by Eli Lilly to challenge Canada’s invalidation of patent extensions for new uses of two medicines originally developed in the 1970s. Continue reading »

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Oct 262015
 

US-EUAs U.S. organizations and academics interested in issues related to good governance and transparency, we write to urge you to match the level of openness embarked upon by your counterpart from the European Union and make publicly available U.S. proposals for trade and investment agreements currently under negotiation, in particular, the Trans-Atlantic Trade and Investment Partnership (known as the “TTIP”). We believe that the public release of U.S. and European Union (EU) proposals must be a step toward achieving full transparency, which would be achieved by releasing consolidated draft texts after each negotiating round… Continue reading »

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Oct 052015
 

sean at podiumThe negotiating parties to the Trans Pacific Partnership Agreement (TPP) announced today that they have reached an agreement on a broad international regulatory harmonization agreement that will bind the U.S. to a new set of international minimum standards on intellectual property and other issues. It is now clear that the TPP will be worse on both process and substance for public interest concerns than the last plurilateral intellectual property agreement that the U.S. negotiated — the Anti-Counterfeiting Trade Agreement (ACTA). What is notable about ACTA is that it failed. The EU Parliament overwhelmingly rejected it, and it was never submitted to Congress. And thus, as we consider the consideration of the TPP in Congress and other parliaments, ACTA is a useful reference point.  Continue reading »

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Oct 012015
 

sean - 150x150USTR has reportedly tabled a new provision for the Trans-Pacific Partnership Agreement (TPP) that would carve out tobacco regulation from the effect of its investor-state dispute settlement (ISDS) chapter, which allows private companies to challenge domestic regulations in secretive and unaccountable international arbitration forums. ISDS challenges can generally be brought against domestic regulations whenever a company claims an “indirect” expropriation by regulation of an “investment,” which is defined to include “the expectation of gain or profit.”

Those with knowledge of the new tobacco text have revealed that the language proposed to be added to the investment chapter reads: Continue reading »

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Sep 172015
 

South African FlagLetter from South African and American Academics to Ms Meshendri Padayachi
South Africa Department of Trade and Industry

Joint Academic Comment (PDF)
Accompanying Table (PDF)

We write in response to your request for public comments on South Africa’s planned copyright legislation reform. We’re grateful for the chance to make a contribution in support of this extraordinary effort on the part of the Department of Trade and Industry to modernize South African copyright law and – in so doing – to make South Africa an international leader in the field at a critical moment in its history. Continue reading »

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