Oct 202017
 

Dean Baker[1], Arjun Jayadev[2] and Joseph Stiglitz[3]  | Full Paper (CC-BY)

Introduction:  The twenty first century global economy will differ from that of the twentieth in at least two critical ways. First, the weight of the developing world in the global economy will be substantially higher. In particular, emerging economies such as China, Brazil, India and South Africa will have a more important role to play based on their pace of growth. Second, the ‘weightless economy‘ – the economy of ideas, knowledge and information – will become an increasingly important fraction of economic output and ever more important for economic growth and development, both in developed and developing economies.

These two facts alone would suggest that economic institutions and laws created in the twentieth century, to manage the growth of currently advanced industrialised economies, will be increasingly inadequate to govern global economic activity. Nowhere is this more evident than in the area of intellectual property rights (IPRs). Continue reading »

Share
Oct 182017
 

Christophe Geiger, Giancarlo Frosio, Oleksandr Bulayenko

The European Commission’s planned copyright reform proposes to adapt EU law to the challenges emerging in the Digital Single Market (DSM).[1] In particular, new mandatory exceptions and limitations should contribute to improving the creative ecosystem in the digital environment. This CEIPI Opinion does support the plan to develop a—much needed—strategy to take copyright into the 21st century and make it functional to the DSM, especially by addressing important needs with regard to access to copyrighted works in order to boost creativity and innovation, promoting cumulative research and sharing of knowledge-based resources. CEIPI moreover fully endorses the goal of the proposal of lowering barriers to research and innovation in the EU DSM; however, in order to address these issues in a satisfying manner, this opinion strongly suggests an expansion of the reform’s scope. In particular, Continue reading »

Share

Customizing Fair Use Transplants

 Posted by on October 13, 2017  2 Responses »
Oct 132017
 

Abstract: In the past decade, policymakers and commentators across the world have called for the introduction of copyright reform based on the U.S. fair use model. Thus far, Israel, Liberia, Malaysia, Singapore, South Korea, Sri Lanka, the Philippines and Taiwan have adopted the fair use regime or its close variants. Other jurisdictions such as Australia, Hong Kong and Ireland have also advanced proposals to facilitate such adoption.

Written for a special issue on “Intellectual Property Law in the New Technological Age: Rising to the Challenge of Change?”, this article examines the increasing efforts to transplant fair use into the copyright system based on the U.S. model. Continue reading »

Share
Sep 272017
 

Centre for International Governance Innovation, Link (CC-BY-NC-SA)
Authors: Bassem Awad, Ariel Katz, Michael Geist, Howard Knopf, Teresa Scassa, Ysolde Gendreau, and Konstantia Koutouki

…Given the fast-paced negotiations of the North American Free Trade Agreement, and as part of efforts to support Canada’s negotiators and policy makers with clear, simple and factual analyses of Canada’s key interests within the negotiations, the International Law Research Program at the Centre for International Governance Innovation commissioned a series of essays addressing intellectual property rights. A modernized chapter for intellectual property rights could have a deep impact on the emerging knowledge economy in Canada and for the people who turn ideas into innovations. Continue reading »

Share
Sep 252017
 

[Reto Hilty and Valentina Moscon] On 14 September 2016 the European Commission published a package of proposals aimed at the modernisation of copyright within the digital single market.  This copyright package is of particular interest to the Max Planck Institute for Innovation and Competition, which has been committed since its founding in 1966 to the analysis and development of intellectual property and competition law on the basis of established scientific principles. Continue reading »

Share
Sep 182017
 

Author: Peter Yu

Abstract: The debate on convergence and divergence has garnered considerable attention from policymakers and commentators involved in regulatory developments in Asia. The recent completion of the negotiations on the Trans-Pacific Partnership (TPP) and the still ongoing negotiations on the Regional Comprehensive Economic Partnership (RCEP) have added fuel to this debate. Given the different leadership in these two mega-regional agreements and the exclusion of many RCEP parties from the TPP negotiations, it will be interesting to see how the agreements will affect the future efforts to set regional intellectual property standards. It will also be curious to see whether the draft and finalized standards could reveal policy preferences of the participating countries. Continue reading »

Share
Sep 072017
 

International Centre for Trade and Development, Link (CC-BY-NC)

ICTSD is pleased to publish the fourth issue in the CEIPI-ICTSD series on Global Perspectives and Challenges for the Intellectual Property System produced jointly with the Centre for International Intellectual Property Studies (CEIPI). The new issue, edited by Pedro Roffe and Xavier Seuba, explores the impact of plurilateralism on intellectual property law. Continue reading »

Share
Sep 052017
 

Author: Srividhya Ragavan

Abstract: This article attempts to understand the legitimacy and limitations of US involvement in another country’s sovereign actions taken expressly in the public interest, or to protect public health, such as the compulsory licensing of pharmaceuticals. The first section takes the example of compulsory licensing as a legitimate sovereign action and delineates its scope in the light of the international trade obligations under TRIPS. Continue reading »

Share
Aug 292017
 

[Originally posted in The Conversation, Link (CC-BY-SA)] . As the new school year approaches, Canadian universities are grappling with the Federal Court of Canada’s recent copyright decision against York University.

The court ruled that York could not rely on its fair dealing policy and per-use licensing to copy works as a part of course packs, but must pay millions of dollars in licensing fees to Access Copyright, which sells blanket copyright licenses to organizations. Continue reading »

Share

The “Data Producer’s Right”: Unwelcome Guest in the House of IP

 Posted by on August 26, 2017  Comments Off on The “Data Producer’s Right”: Unwelcome Guest in the House of IP
Aug 262017
 

[Bernt Hugenholtz, reposted from Kluwer Copyright Blog, Link] With the growth of the ‘data-driven economy’and the rise of ‘Big Data’ have come calls for the introduction of a novel property right in data. Apparently in response to demands from the German automotive industry, the European Commission has in its 2017 Communication on ‘Building a European data economy’ advanced the idea of creating a ‘data producer’s right’ that would protect industrial data against the world.

As explained in the Staff Working Paper that accompanies the Communication, this new right would create a transferable property right in “non-personal or anonymised machine-generated data”. It would encompass “the exclusive right to utilise certain data, including the right to licence its usage. This would include a set of rights enforceable against any party independent of contractual relations thus preventing further use of data by third parties who have no right to use the data, including the right to claim damages for unauthorised access to and use of data.” Continue reading »

Share

Copyright Easements

 Posted by on August 25, 2017  Comments Off on Copyright Easements
Aug 252017
 

Author: Jason Mazzone

Abstract: When authors assign the copyright in their work to publishers, some productive uses of the work are impeded. The author loses opportunities to use or to authorize others to use the work unless the publisher consents; the publisher does not permit all uses of the work that the author would like or that would benefit a consuming audience. Copyright easements can solve the problem.

Under a system of copyright easements, an easement holder would have designated rights in a creative work that would permit uses of the work that would ordinarily require permission of the copyright owner. If the author later assigns the copyright to a publisher, the copyright is held subject to the rights of the easement holder. The easement thus ties the author’s own hands: the author can no longer assign an unfettered copyright — and the publisher can no longer ask for it — because of the existence of the easement holder’s interests in the work. Continue reading »

Share

Information, Access, And Development: Setting A Course For The Sustainable Development Goals

 Posted by on August 11, 2017  Comments Off on Information, Access, And Development: Setting A Course For The Sustainable Development Goals
Aug 112017
 

Gerald Leitner, Secretary General of the International Federation of Library Associations and Institutions
Reposted from IP-Watch, Link (CC-BY-NC-SA)

Information is the raw material for decision-making. When individuals and groups make the right choices, based on good information, their chances of taking a full role in economic, social, cultural and civic life improve. They can better create and innovate, participate in politics, find and do their jobs well, and live healthily.

Informed citizens and communities are also essential to the UN’s 2030 Agenda. We cannot have sustainable development when individuals are not able to deal with new choices and challenges autonomously, drawing on access to information. And we cannot have inclusive development, with no-one left behind, unless this access is real and meaningful for everyone. Continue reading »

Share