Jun 132017
 

Sean Michael Flynn and Michael Palmedo
Comments to U.S. Trade Representative, re: NAFTA Negotiation

The AU Program on Information Justice and Intellectual Property has been working over several years on empirical research pertaining to the impact of balanced copyright systems on trade and economic development. One key element of an adequately balanced copyright system is having sufficiently “open” limitations and exceptions for the digital environment. We refer to “open” limitations and exceptions for the digital environment as those that are open to the use of any kind of work, by any kind of user and for any purpose, as long as the use does not unreasonably prejudice the legitimate interests of the author. Such openness is the hallmark of the U.S. fair use clause. These “open” aspects are crucial because the digital environment creates new opportunities to use different kinds of works, by different users and for different purposes than were envisioned in most copyright statutes. An open statute is a flexible one – and flexibility is needed to accommodate and encourage innovation in the digital environment.     Continue reading »

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Jun 092017
 

Reposted from EFF Deeplinks Blog, Link (CC-BY)

The dust has barely settled from the collapse of the Trans-Pacific Partnership (TPP), and already a new trade battle is ahead of us: the renegotiation of the North American Free Trade Agreement (NAFTA). President Trump called the controversial 1994 agreement between the United States, Canada and Mexico “the single worst trade deal ever approved in this country.” But compared to the TPP, there’s a lot to like about the original NAFTA from a digital rights perspective: it doesn’t extend the term of copyright, it doesn’t require countries to prohibit DRM circumvention, and it doesn’t include new and untested rules to regulate the Internet.
Continue reading »

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May 192017
 

[ReCreate press release, Link (CC-BY)]  As the Trump Administration notifies Congress of its intent to negotiate changes to NAFTA, the Re:Create Coalition today issued a statement urging the Office of the United States Trade Representative to include language on copyright limitations and exceptions, including fair use, if copyright law is part of the negotiations: Continue reading »

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Trump Administration Gives Formal Notice of Intent to Renegotiate NAFTA

 Posted by on May 18, 2017  Comments Off on Trump Administration Gives Formal Notice of Intent to Renegotiate NAFTA
May 182017
 

USTR Lighthizer

Today, U.S. Trade Representative Robert Lighthizer formally notified Congress of its intent to renegotiate the North American Free Trade Agreement (NAFTA), via a letter to Congressional leadership. The letter is less detailed than last March’s draft notification, and unlike the March draft, it includes no specific negotiating objectives.  Rather, the letter that was sent today notes “our aim is that NAFTA be modernized to include new provisions to address intellectual property rights, regulatory practices, state-owned enterprises, services, customs, procedures, sanitary and phytosanitary measures, labor, environment, and small and medium enterprises.” The letter also says that the Administration will develop negotiating positions that are consistent with the objectives found in Section 102 of the Trade Priorities and Accountability Act.   Continue reading »

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Corporate Power Unbound: Investor-State Arbitration of IP Monopolies on Medicines – Eli Lilly v. Canada and the Trans-Pacific Partnership Agreement

 Posted by on September 30, 2015  Comments Off on Corporate Power Unbound: Investor-State Arbitration of IP Monopolies on Medicines – Eli Lilly v. Canada and the Trans-Pacific Partnership Agreement
Sep 302015
 

baker-geddesBrook K. Baker and Katrina Geddes

Abstract: Despite the deep irony of free trade agreements being subverted to codify and extend anti-competitive monopoly rights and despite the equally deep irony of foreign investors having greater enforcement rights than local investors, the joining of enhanced intellectual property rights (IPRs) and protections and strengthened investor rights is creating a wild-west opportunity for unbounded corporate power. Two current contestations show the dangers of this expanded power in sharp relief. Continue reading »

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Cato Institute Hosts Panel on Eli Lilly’s NAFTA Investor-State Dispute Against Canada’s Patent Law

 Posted by on January 17, 2014  Comments Off on Cato Institute Hosts Panel on Eli Lilly’s NAFTA Investor-State Dispute Against Canada’s Patent Law
Jan 172014
 

cato picYesterday, the Cato Institute hosted a panel on the Investor-State dispute brought by Eli Lilly against Canada under Chapter 11 of the North American Free Trade Agreement. The panel featured Mark Schultz from the Southern Illinois University School of Law, Burcu Kilic from Public Citizen, and Christopher Sands from the Hudson Institute. The trade dispute surrounds a Canadian court case in which Eli Lilly’s patent for Strattera was found to be invalid because it did not met the Canadian utility standards.  The company alleges that the utility standards applied by the court – which require the patent applicant to demonstrate ‘promised utility’ at the time of filing – amount to an “unlawful expropriation of Claimant’s investments.” Continue reading »

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Investor-State Disputes Under Trade Agreements and the Affordability of Medical Care

 Posted by on November 25, 2013  Comments Off on Investor-State Disputes Under Trade Agreements and the Affordability of Medical Care
Nov 252013
 

BrookBakerInvestor-state dispute resolution is a growing concern for governments like Canada that should want to preserve policy space for regulating business activity.  From licenses for fracking, mining, and timber cutting, to health and safety regulations, to labor policy, and to intellectual property rules, countries are finding their regulatory rules and decisions attached by investors whose expectations of future profits are affected by even-handed regulations or by appellate court decisions. Continue reading »

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Threat of Pharmaceutical-Related IP Investment Rights in the Trans-Pacific Partnership Agreement: An Eli Lilly v. Canada Case Study

 Posted by on September 20, 2013  Comments Off on Threat of Pharmaceutical-Related IP Investment Rights in the Trans-Pacific Partnership Agreement: An Eli Lilly v. Canada Case Study
Sep 202013
 

BrookBakerAfter losing two patent cases before the appellate courts of a Western democracy, should a disgruntled foreign multinational pharmaceutical company be free take that country to private arbitration claiming that its expectations of monopoly profits had been thwarted by the courts’ decisions? Should governments continue to negotiate trade agreements where expansive Intellectual Property-related investor rights and investor- state dispute settlement (ISDS) are enshrined into hard law? Continue reading »

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Eli Lilly Formally Requests Arbitration Against Canada Under NAFTA in Dispute Over Drug Patents

 Posted by on September 16, 2013  Comments Off on Eli Lilly Formally Requests Arbitration Against Canada Under NAFTA in Dispute Over Drug Patents
Sep 162013
 

lillyOn September 12, Eli Lilly formally submitted a Notice of Arbitration against Canada under the rules of the North American Free Trade Agreement (NAFTA). The filing is here.

Eli Lilly alleges that Canada violated its NAFTA intellectual property obligations when its courts found the patents for two of its drugs to be invalid. The drug patents in question – covering Lilly’s products Strattera and Zyprexa – had been successfully challenged by generic firms in 2009 and 2010, which argued that the patents failed to meet Canadian usefulness standards. Continue reading »

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Investor–State Arbitration to Challenge Host State Compliance with International IP Treaties?

 Posted by on February 18, 2013  Comments Off on Investor–State Arbitration to Challenge Host State Compliance with International IP Treaties?
Feb 182013
 

lilly[Posted by Henning Grosse Ruse-Khan on the International Economic Law and Policy Blog (CC BY-NC 2.5)]  Last week, Luke Peterson reported that the U.S. based pharma corporation Eli Lilly has put Canada on notice of its intent to submit a claim to arbitration under NAFTA Chapter 11 following the invalidation of some of its patents by Canadian courts (http://www.iareporter.com/articles/20121203_2). The Notice of 7 November 2012 is now available on Andrew Newcombe’s website (http://italaw.com/cases/1625). It reveals an interesting new interface between international IP and investment law. Continue reading »

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Feb 042013
 

public citizenExcerpt from a Fact Sheet from Public Citizen’s Global Trade Watch.
Click here for the full Fact Sheet

Eli Lilly and Company has initiated formal proceedings under the North American Free Trade Agreement (NAFTA) to attack Canada’s standards for granting drug patents, claiming that the denial of a medicine patent is an expropriation of its property rights granted by the agreement. Continue reading »

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UPDATE: Mexico and Canada Invited to Join TPP Negotiations

 Posted by on June 19, 2012  Comments Off on UPDATE: Mexico and Canada Invited to Join TPP Negotiations
Jun 192012
 

Yesterday, Mexico was invited to enter the TPP negotiations. According to the USTR press release: “The Administration will shortly notify Congress of its intent to include Mexico in the TPP negotiations. The notification will trigger a 90-day consultation period with Congress on U.S. negotiating objectives with respect to Mexico. USTR also will publish a notice in the Federal Register seeking public comments.”

Today, Canadian Prime Minister Harper announced that Canada will join the TPP negotiations as well, (see Reuters story).  Harper said that “Opening new markets and creating new business opportunities leads to jobs, growth and long-term prosperity for all Canadians.”  Continue reading »

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