Feb 032016
 

fix-the-patent-laws[Kate Ribet, MSF/Fix the Patent Laws, Link (CC-BY-SA)]  Leading up to World Cancer Day (4 February 2016), the Fix the Patent Laws coalition released a short video highlighting how shortcomings in South Africa’s patent laws contribute to barriers to access for critical breast cancer medicine trastuzumab. The Fix the Patent Laws coalition is a coalition of 18 patient groups, including the Cancer Alliance, and Alliance members: the Cancer Association of Southern Africa and People Living with Cancer.

Watch the video here.

This briefing document provides background on trastuzumab and patent-related barriers to access. Continue reading »

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Feb 012016
 

ipw-logoDugie Standeford for IP-Watch, Link (CC-BY-NC-SA)

The Nigerian government has continued to make progress toward new copyright legislation in recent weeks, but efforts appear to have become less transparent, as the results of a public comment period that ended weeks ago have not been made available and as of press time the draft copy of the bill was no longer available on the Copyright Commission website. Continue reading »

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Jan 072016
 

American_University_Washington_College_of_Law_LogoPIJIP Professors Carroll, Jaszi, and Flynn have submitted comments to the Nigerian Copyright Commission, which has posted a Draft Copyright Bill (2015) for public review. The release is part of its Project on the Reform of the Nigerian Copyright System, started in 2012 to “the promotion of a knowledge based and innovation driven economy for Nigeria and enhance the interests of Nigeria’s core cultural industries” and bring the country into compliance with trade obligations (among other objectives). Continue reading »

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Dec 222015
 

rimmer[Cross posted from Medium] Published by the Australian Government on the 20th March 2014, the independent “Pharmaceutical Patents Review Report” recommends to shorten and reduce patent term extensions, to address the problems of evergreening and data protection, and to reverse Australia’s passive approach to the negotiation of intellectual property and international trade. The report emphasizes the need for Australia to protect its public health interests in the negotiation of the “Trans-Pacific Partnership.”

This week, the secrecy surrounding an independent Australian report on patent law and pharmaceutical drugs has been lifted, and the work has been published to great acclaim. Continue reading »

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Dec 202015
 
Photo by Caelie Frampton (CC-BY-SA-NC)

Photo by Caelie Frampton (CC-BY-SA-NC)

[Gisela Pérez de Acha and Pepe Flores, Digital Rights LAC, Link (CC-BY)] On November 6 2015, the Mexican Ministry of Economy made public the Spanish version of the Trans Pacific Partnership (TPP), allowing a wider view about the effects that the chapter regarding intellectual property will have on Mexican legislation and how human rights on the digital environment will be affected. One thing is sure: Mexico has a lot more to lose that it has to win with the made agreements.

TPP’s final draft has confirmed what was previewed on the leaks made by WikiLeaks: the agreement will promote negative changes on copyrights, access to culture or intermediary liability. This implies that local legislation must align to TPP’s dispositions, which in turn will bring significant impact on rights. In Mexico’s case, the consequences  on the matter of intellectual property will be devastating, promoting a scheme based on restrictions and sanctions out of proportion. Continue reading »

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Nov 232015
 

eiflEIFL welcomes Poland’s new copyright law that brings library services into the twenty-first century

[Electronic Information for Libraries, Link (CC-BY)] The new Polish Copyright Act [link in Polish] enters into force on 20th November 2015 bringing library services in Poland into the twenty-first century.

Major new provisions enabling digitization for socially beneficial purposes, such as education and preservation of cultural heritage, are the centrepiece for libraries of the new law. The law also implements a European Directive enabling the use of orphan works (in-copyright works where the copyright holder cannot be identified or found to obtain permission), and an EU Memorandum of Understanding on the use of works that are no longer commercially available. In addition, the introduction of public lending right is limited to works in public libraries. Continue reading »

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Nov 182015
 

capitol-govtphotoDear Chairmen Grassley and Goodlatte, and Ranking Members Leahy and Conyers:

In August 2014, thirty-one law professors signed a letter in opposition to proposed federal legislation to create a civil cause of action for trade secret misappropriation. We write to express continued concerns about the current version of this legislation, the Defend Trade Secrets Act of 2015 (“DTSA”), S. 1890 and H.R. 3326. While we agree that effective legal protection for U.S. businesses’ legitimate trade secrets is important to American innovation, we believe that the DTSA—which would represent the most significant expansion of federal law in intellectual property since the Lanham Act in 1946—will not solve the problems identified by its sponsors. Instead of addressing cyberespionage head-on, passage of the DTSA is likely to create new problems that could adversely impact domestic innovation, increase the duration and cost of trade secret litigation, and ultimately negatively affect economic growth. Therefore, the undersigned call on Congress to reject the DTSA. Continue reading »

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Oct 302015
 

jiang geAuthor: Ge Jiang

Abstract: The creation of works in modern society is becoming more and more impersonal, and the majority of works are created as works made for hire. Reasonable property rules are required to minimize transaction cost and to facilitate smooth dissemination of such works. However, neither the current nor the envisaged amended version of the Chinese Copyright Law provides works made for hire rules, which are fair and predictable enough. Continue reading »

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Oct 232015
 

communia[Paul Keller, Communia Association, Link (CC-0)] Over the last month the German publishers who are pushing for ancillary copyright for press publishers on the EU level have encountered two more setbacks in their attempts to turn the ancillary rights that they have in Germany into actual revenue.

Freedom to link upheld: First the Bundeskartellamt (the German competition authority) rejected claims made by the publishers that Google has acted in violation of competition rules by removing from its search results text snippets from publishers who have not granted them a royalty-free license. Google had started removing such snippets after the introduction of the ancillary copyright for press publishers to avoid having to pay for displaying the snippets. Continue reading »

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Oct 232015
 

grassley-leahy[Office of Sen. Grassely, Press Release, Link] In order to help the public navigate a world in which software makes virtually everything function, from refrigerators to tractors, Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) and Ranking Member Patrick Leahy (D-Vt.) joined together Thursday to request the Copyright Office undertake a comprehensive study of the role copyright law plays in defining how software-enabled products can be used.  Continue reading »

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Oct 132015
 

kenya flag[Electronic Information for Libraries, Link (CC-BY)] EIFL and the Kenya Library and Information Services Consortium (KLISC) have jointly responded to a public consultation organized by the Kenya Copyright Board on proposals to provide web blocking measures in cases of online copyright infringement (also known as ISP liability). Continue reading »

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Oct 072015
 

monkey-combined[Luisa Guzmán] Last week Fundación Via Libre released a statement urging Argentinian lawmakers to drop a bill proposing a Copyright term extension for photographs, and asking them to open a public debate with the purpose of improving the general conditions for the circulation of cultural goods. To date, over 50 cultural, artistic, and digital rights organizations have signed the statement. Continue reading »

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