Special 301 Comments

[Mike Palmedo] Last Thursday was the deadline for civil society and industry groups to submit their comments to USTR for the 2018 Special 301 Review. Submissions from civil society included comments from the Union for Affordable Cancer Treatment, Public Citizen, Knowledge Ecology International, the Electronic Frontier Foundation, as well as my comment. Industry submissions included those from PhRMA, the Sports Coalition, Business Software Alliance, International Intellectual Property Alliance, Intellectual Property Owners Association, Computer and Communications Industry Association, Internet Association, Biotechnology Innovation Organization, National Association of Manufacturers, and the Association for Accessible Medicines. The full list of submissions is here.

Japan’s Emerging Role in the Global Pharmaceutical Intellectual Property Regime: A Tale of Two Trade Agreements

[Belinda Townsend, Deborah Gleeson and Ruth Lopert] Abstract: This paper explores Japan’s role in reshaping the global pharmaceutical intellectual property regime by examining its position on the expansion of intellectual property rights (IPR) in negotiations for two regional trade agreements: the Trans Pacific Partnership Agreement (TPP) and the Regional Comprehensive Economic Partnership (RCEP). Through systematic analysis of leaked negotiating texts documenting its positions on key issues, we demonstrate Japan is now playing a pivotal role in promoting the adoption of expanded IPRs. Click here for more.

Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law

[João Quintais] Abstract: The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and cross-border environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content. Click here for more.

Study Examines Copyright Permissions Culture in Software Preservation, Implications for Cultural Record

[Krista Cox] A report released today, The Copyright Permissions Culture in Software Preservation and Its Implications for the Cultural Record, finds that individuals and institutions need clear guidance on the legality of archiving legacy software to ensure continued access to digital files of all kinds and to illuminate the history of technology. The first product of an Association of Research Libraries (ARL) project funded by the Alfred P. Sloan Foundation, the report is based on extensive research and interviews with software preservation experts and other stakeholders. This research will inform a Code of Best Practices in Fair Use for Software Preservation to be published in fall 2018, and to be supported by webinars, workshops, online discussions, and educational materials. The Code will advance the mission of memory institutions to safeguard the digital record and promote research that engages it. Click here for more.

Behind the Number: A Review of Index Methodologies to Improve Innovation Measurement in Africa

[Islam Hassouna] Abstract: This paper reviews the methodologies of 16 indices in innovation, information and communication technologies, economic environment, governance, and development.  It looks at the different techniques used by these indicators to aggregate data into a single number.  The paper presents index structure, data, weighing of indicators, assessment, and ends with a focus on the measurement of innovation in the reviewed indices. Click here for more.

Licenses: We Are Past Copyright

[Teresa Nobre] We have been arguing for quite sometime now that handing out the power to define the scope of users rights to right holders – in the form of license agreements that they can (almost unilateral) draft and frame as they wish – is bad. Really bad: licenses fragment the legal framework that mandatory exceptions try to harmonize; licenses contain abusive terms or impose obligations on users that are not foreseen in the laws; and licenses have a huge impact on national budgets. Unfortunately, this message has not come through to all, or not everyone understands what we are saying, or worse right holders have done a nice job in convincing lawmakers that’s the right way to go. Click here for more.