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 082015
 

communia[Reposted from Communia, Link] We are publishing today our position paper on copyright reform in Europe (PDF), as a statement in the ongoing debate that focuses on the reform of the Information Society Directive.

Our position is based on the 14 policy recommendations that are at the heart of our organisation, as well as on our previous policy documents. We start by defining three basic principles: 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 292015
 

copyrightoffice[U.S. Copyright Office press release, Link] Register of Copyrights Maria A. Pallante today announced the launch of the U.S. Copyright Office’s Fair Use Index, which is designed to provide the public with searchable summaries of major fair use decisions. The Index was undertaken in support of the 2013 Joint Strategic Plan on Intellectual Property Enforcement prepared by the U.S. Intellectual Property Enforcement Coordinator within the Executive Office of the President. 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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Apr 092015
 

seBriefing Paper by the Science Europe Working Group on Research Data
Editor: Christoph Bruch. (Link) (CC-BY)

The steadily-growing amount of digitally-available research data and publications enables researchers to search and analyse these sources with the help of special software. The application of such text and data (content) mining techniques (TDM) is not limited to research. In fact, most users of the internet use them on a daily basis via companies offering search engine services. The use of TDM techniques beyond those employed by search engines is already of great importance in some research fields (for example bio-genetics, linguistics) and interest in these technologies is growing rapidly. Continue reading »

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Apr 082015
 

sean - 150x150Last week I expressed my shock in seeing that the Trans Pacific Partnership agreement proposes to expand (or at least clarify) the ability of corporations to challenge intellectual property limitations and exceptions in so called investor-state dispute settlement (ISDS) tribunals. One source of that surprise came from my recollection of repeated meetings with USTR negotiators who assured me and others that ISDS forums were not intended to provide a means to challenge intellectual property limitations and exceptions. Continue reading »

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Apr 012015
 

harpur-suzorAuthors: Paul David Harpur and Nicolas Suzor

Abstract: This article argues that governments around the world need to take immediate coordinated action to reverse the ‘book famine’. There are over 129 million book titles in the world, but persons with print disabilities can obtain less than 7 per cent of these titles in formats that they can read. The situation is most acute in developing countries, where less than 1 per cent of books are accessible. Continue reading »

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Mar 302015
 

gibert2015-coverLast week, the Lisbon Council and Innovation Economics published The 2015 Intellectual Property and Economic Growth Index:  Measuring the Impact of Exceptions and Limitations in Copyright on Growth, Jobs and Prosperity.  The report by Benjamin Gibert examines limitations and exceptions to copyright in eight OECD countries, and then describes economic growth at the overall and industry level in those countries.

The key findings: “countries that employ a broadly ‘flexible’ regime of exceptions in copyright” have higher rates of growth of their overall economy, information technology & service sectors, and even traditional media sectors.  Workers in these economies also fared better, enjoying higher wages overall, in the communications sector, and technology sector. Continue reading »

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Mar 302015
 

butler150pxIn a recent white paper, Geoffrey Manne and Julian Morris argue that fair use is a “dangerous exception” that should not be “exported” to our trade partners through trade agreements the way other aspects of US copyright law (such as our lengthy term and protection for digital rights management) have been spread for years. Their salvo, grounded in a “law and economics” framework, is just the latest in what will surely be an ongoing series of attacks on fair use and similar flexible exceptions, a response to the growing appetite for balance in the global IP system. (Indeed, the industry-sponsored advocacy group Copyright Alliance posted its own ambivalent warning about “exporting fair use” just the other day.) 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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