May 192015
 

sean at podium

Sean Flynn, American University Washington College of Law, 202-294-5749,  sflynn@wcl.american.edu
David Levine, Elon University School of Law, 336-279-9298, dlevine3@elon.edu

Senators Blumenthal, Brown, Baldwin, and Udall introduced today a trade negotiation transparency bill that would require that all formal U.S. proposals for trade agreement restrictions on domestic regulations be posted on a website. This is a common sense policy that should be broadly supported. The bill would require policies similar to the transparency policies currently followed by the European Union and by intergovernmental organizations that set similar minimum regulatory standards. But it would be a major change in the current process for trade negotiations followed by the U.S. Trade Representative, which are infamously secretive (See today’s Financial Times). Continue reading »

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May 142015
 

sean at podiumThe Senate and House Reports on the Trade Promotion Authority bills working through Congress include important, albeit limited, steps toward endorsing balanced intellectual property norms in trade policy.

The Senate report, released today, states: Continue reading »

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May 012015
 

sean at podium

In preparation for my role in warming up for Noam Chomsky on WORTFM Madison Wisconsin today, I put together this FAQ on the TPP ISDS leak and intellectual property policy concerns. As with all our posts, this is a CC-By product — please feel free to use or adapt for other purposes with attribution.

What is the core concern with ISDS? Continue reading »

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Apr 302015
 

sean at podiumThe 2015 Special 301 Report continues a trend, beginning last year, of scrubbing a lot of language that long graced previous reports threatening other countries about WTO TRIPS and other international treaty violations. (See Special 301, A Historical Primer). This could be seen as an acknowledgment that such threats violate the World Trade Organization dispute settlement understanding. The WTO clearly states: Continue reading »

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Apr 232015
 

sean at podiumThis presentation is in the IP room. But my message is for the IP team to be talking to the ISDS folks next door. The reason is that there is an increasingly urgent need revise the EU and US ISDS templates to protect IP policy decisions from the ISDS chapters of trade agreements. Both the US and EU have been tinkering with their models of late. But both revised models fail to ensure a key domestic sovereignty protection that has been the core of international IP law for 130 years – the exclusive use of state-to-state dispute resolution for enforcement of international IP commitments. Continue reading »

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Apr 152015
 

sean - 150x150I released a statement earlier today opining that the today’s leak of the Investor State Dispute Settlement (ISDS) chapter proposed for the Trans Pacific Partnership (TPP) agreement (available at https://wikileaks.org/tpp-investment/WikiLeaks-TPP-Investment-Chapter.pdf) would give new rights to private companies to challenge limitations and exceptions to copyrights, patents, and other intellectual property rights in unaccountable international arbitration forums. This note gives further background and analysis supporting that statement. Continue reading »

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Mar 262015
 

sean - 150x150I released a statement earlier today opining that the today’s leak of the Investor State Dispute Settlement (ISDS) chapter proposed for the Trans Pacific Partnership (TPP) agreement (available at https://wikileaks.org/tpp-investment/WikiLeaks-TPP-Investment-Chapter.pdf) would give new rights to private companies to challenge limitations and exceptions to copyrights, patents, and other intellectual property rights in unaccountable international arbitration forums. This note gives further background and analysis supporting that statement. Continue reading »

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Mar 262015
 

sean at podiumToday’s leak of the Investor State Dispute Settlement (ISDS) chapter proposed for the Trans Pacific Partnership (TPP) agreement would give new rights to private companies to challenge limitations and exceptions to copyrights, patents, and other intellectual property rights in unaccountable international arbitration forums. The text contains the same provisions that 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. The same language is also being used by Philip Morris to challenge Uruguay’s regulation of advertising on cigarette packages as an “expropriation” of their trademarks. But the TPP language goes farther. It includes a new footnote, not previously released as part of any other investment chapter and not included in the U.S. model investment text — clarifying that private expropriation actions can be brought to challenge “the cancellation or nullification of such [intellectual property] rights,” as well as “exceptions to such rights.”

Continue reading »

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Feb 232015
 

open internet courseI am writing to you as part of the International Policy team at the Washington-based digital rights group, Public Knowledge, to alert you to a free and open Spanish-language online course called “Open Internet” (Internet Abierto Y Libre) that we are launching early March 2015. This course may be of interest to you, your students, or grantees as an opportunity to build a deeper understanding of the intersection of human rights and the Internet, and we’d love if you could share this information throughout your networks. Continue reading »

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Fair Use Week

 Posted by on February 22, 2015  No Responses »
Feb 222015
 

arlThis week is Fair Use Week! There are a number of great activities lined up across organizations and institutions, including live panels and workshops, webcasts, blog posts, videos and chats/AMAs.

I’m happy to announce that the website is now live where you can read posts, find great resources, and see the calendar of events. This site will be updated as folks add posts and videos as well as new events. You can visit the site here: http://fairuseweek.org/

 

 

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Oct 232014
 

JK at TOCTERA Associates has released a follow up to their 2010 study on the impact of “piracy” on creative industries in the European Union.  The new study, entitled “The Economic Contribution of the Creative Industries to EU GDP and Employment,” makes three arguments:

1)     That the creative industries include 8.3 million “core” creative jobs and 5.7 million “interdependent” and “non-dedicated support” jobs, totaling 14% of the EU27 workforce and contributing 6.8% of GDP (€ 860 billion).

2)     That between 2008 and 2011, piracy “destroyed” € 27.1 – 39.7 billion in economic value, resulting in a loss of between 64,089 and 955,125 jobs.  According to TERA’s forecast, these numbers are likely to climb to € 166-240 billion by 2015, with 600,000 to 1.2 million jobs lost.

3)     That although economic depression and other factors may play a role in some sectoral changes, (such as retail), these job and economic losses are attributable to the failure of EU member states to adopt stronger IP enforcement measures. Continue reading »

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