How Licenses Give Access, But Can Also Take It Away

 Posted by on August 23, 2017  Comments Off on How Licenses Give Access, But Can Also Take It Away
Aug 232017
 

Release of the “Literature review on the use of licensing in library context, and the limitations this creates to access to knowledge”

[International Federation of Library Associations, Link (CC-BY] The way libraries acquire content is in transition. With a growing share of digital material in library collections, licences are a fact of life. However, and as many in the library world have already experienced, while licenses give access to knowledge, they can also restrict it.

IFLA’s Advisory Committee on Copyright and other Legal Matters has therefore commissioned a literature review on the use of licensing in library context, and the limitations this creates to access to knowledge. The study, written by Svetlana Yakovleva and released today, looks through the available research, from theoretical analyses to practical survey work on libraries’ experience of licensing. It identifies the main limitations associated with copyright licenses in the library context, sets out how they impact both access and use of digital content, and provides examples. Continue reading »

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I-MAK Challenges Validity of Remaining Hepatitis C Drug Patent in China

 Posted by on April 24, 2017  Comments Off on I-MAK Challenges Validity of Remaining Hepatitis C Drug Patent in China
Apr 242017
 

[Initiative for Medicines, Access & Knowledge press release, Link (CC-BY)] In a move that could strike down barriers to treatment for the exploding hepatitis C epidemic that kills 700,000 people every year, attorneys and scientists from the Initiative for Medicines, Access & Knowledge (I-MAK) filed a legal challenge against Gilead’s (NASDAQ:GILD) remaining patent for the hepatitis C medicine sofosbuvir in China. Branded as Sovaldi®, this patent covers the sofosbuvir base compound and is founded on previously published techniques, and does not meet the legal criteria for a patent. This new filing follows another legal challenge filed by I-MAK in 2015, which helped result in a rejection in June 2015 by China’s State Intellectual Property Office (SIPO) on the other critical patent application on sofosbuvir. SIPO found that this patent, covering the prodrug that activates the otherwise inactive base compound in the body, did not deserve a patent under the law. Continue reading »

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The Medicines Patent Pool and AbbVie Sign Licensing Agreement to Increase Access to Crucial HIV Treatments Throughout Africa

 Posted by on December 18, 2015  Comments Off on The Medicines Patent Pool and AbbVie Sign Licensing Agreement to Increase Access to Crucial HIV Treatments Throughout Africa
Dec 182015
 

logo-MedicinesPatentPoolMPP, AbbVie and South African Department of Health work together to establish long-term solutions for antiretroviral therapies (ARVs)

[MPP Press Release, Link (CC-BY)]  The Medicines Patent Pool (MPP) today announced a new licensing agreement with AbbVie, a global biopharmaceutical company, that seeks to address future demands for HIV treatment Lopinavir/Ritonavir (LPV/r) in South Africa and across Africa. The agreement has been reached in particular to help ensure sustainability of long-term supply of LPV/r, the most widely used second-line HIV treatment in South Africa and across Africa. Continue reading »

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SPARC Applauds Senate Committee Action on Public Access Legislation

 Posted by on July 29, 2015  Comments Off on SPARC Applauds Senate Committee Action on Public Access Legislation
Jul 292015
 

sparc logoSPARC press release, Link (CC-BY)
Contact: Ranit Schmelzer
202-5380-1065 | sparcmedia@arl.org

Washington, DC –The Senate Homeland Security & Governmental Affairs Committee (HSGAC) today passed S. 779, the Fair Access to Science and Technology Research (FASTR) Act, unanimously by voice vote and moved it to the full Senate for consideration. This marks the first time the Senate has acted on a government-wide policy ensuring public access to the results of publicly funded research, and is an important step towards codifying the progress made by the 2013 White House OSTP Directive. Continue reading »

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FCC Announces Consumer Advisory Body

 Posted by on May 5, 2015  Comments Off on FCC Announces Consumer Advisory Body
May 052015
 

phillips150pxFCC Chairman Wheeler announced the members of the FCC’s Consumer Advisory Committee today, including Victoria Phillips, founding member of the American University Washington College of Law Program on Information Justice and Intellectual Property. 

The Committee includes a diverse range of other public interest representatives, including two other other academic programs – California Western School of Law, New Media Rights, and Digital Policy Institute, Ball State University. The Committee is primarily made up of a broad range of non-profit representatives (including Consumer Electronics Association, Consumer Federation of America, Deaf and Hard of Hearing Consumer Advocacy Network, Free Press, National Consumer Law Center, New America Foundation, Open Technology Institute). Representatives also include representatives of regulators (National Association of Telecommunications Officers and Administrators) and industry (Google, Inc., Verizon Communications, and the Wireless Internet Service Provider Association). 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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Statement: Leaked TPP ISDS Chapter Threatens Intellectual Property Limitations and Exceptions

 Posted by on March 26, 2015  Comments Off on Statement: Leaked TPP ISDS Chapter Threatens Intellectual Property Limitations and Exceptions
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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Interview on ECJ Ruling on Transparency and the TTIP

 Posted by on July 6, 2014  Comments Off on Interview on ECJ Ruling on Transparency and the TTIP
Jul 062014
 

sean at podiumFannie Rascle — French journalist (@fannierascle) working for a website called novethic.fr, interviewed me today for an article about TTIP and transparency. Here are her questions and my answers.

European Union documents relating to TTIP could be made public after a European Court of Justice ruling yesterday : do you think it is an important decision ?

I am not an expert on that opinion. I read it to say that the Commission has to justify its decisions to not release documents related to international negotiations. I believe that the justification is weak for not having any method for a country to  share with its own citizens proposals to change international law. The making of law should be the most public of our governmental activities. Continue reading »

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Jun 102014
 

lca[Library Copyright Alliance Press Release, Link] The Library Copyright Alliance is extremely pleased with today’s decision by the US Court of Appeals for the Second Circuit in Authors Guild v. HathiTrust, finding in favor of fair use. The Library Copyright Alliance filed an amicus brief (PDF) in the case, supporting HathiTrust’s position and the lower court’s finding of fair use. Jonathan Band, counsel for the Library Copyright Alliance, said, “The decision is a significant victory for the public.” Continue reading »

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CRS Research Shows How Rare Public Trade Advisory Meetings Are

 Posted by on May 21, 2014  Comments Off on CRS Research Shows How Rare Public Trade Advisory Meetings Are
May 212014
 

USTR SealLast week, USTR announced that it was closing a “partially open” meeting of the Industry Trade Advisory Committee on Small and Minority Business.  No reason was given for the closing of the meeting. But this led an office in Congress to request the Congressional Research Service to find out just how many open meetings of the ITACs there have been. The answer:

Since 2004, there have been 13 “partially open” meetings of ITACS. Oddly, all but one of the open meetings were of the small and minority business committee. Continue reading »

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