Rising Middle-IP Powers Dissolving the North/South Polarisation in the International IP System
[Ruth Knoblich and Tobias Schonwetter] Academia and the public have long been focusing on the North/South power asymmetries in the international IP regime. Two decades after the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into effect at the beginning of 1995, it is now becoming obvious, however, that rising economies such as Brazil, India, China and South Africa emerge as a cross-cutting group of players that may help, going forward, to dissolve the North/South polarisation in the international IP order. Firstly, these countries make full use of the existing international IP system: They design their national IP law in compliance with the TRIPS minimum standards for protection, while counterbalancing these standards by strategically utilising (and testing the boundaries of) the TRIPS flexibilities available to them. Secondly, emerging economies have also begun to successfully influence the international system of IP law and policy-making itself to better reflect their interests and needs. Click here for more.
EU-Japan Trade Agreement’s Intellectual Property Chapter Limits Options for Reform
[Ante Wessels] The secretly negotiated EU-Japan trade agreement’s intellectual property (IP) chapter limits possibilities for copyright and patent reform. With the agreement, the EU exports part of its IP system. Local rules become binding international rules. Click here for more.
Balancing Education and Copyright – Reflections After Conference on Copyright in Higher Education and Research
[Katarzyna Strycharz] MEP Axel Voss, rapporteur of the draft Directive on copyright in the Digital Single Market, did not expect this dossier to be so controversial. And issues relating to the educational sector are not an exception. With these words, the Eurodeputy began his speech at last week’s high-level conference, “A better copyright for quality higher education and research in Europe and beyond”. The conference was organized jointly in Brussels by the European Trade Union Committee for Education (ETUCE), the European Federation of Education Employers (EFEE) and COMMUNIA Association. Click here for more.
Exhaustion in the Service of Progress
[Ofer Tur-Sinai] This Article examines the immensely valuable but underexplored role that the exhaustion doctrine could play in the context of cumulative innovation. Research and development efforts often involve the need to use earlier patented inventions. Unfortunately, licensing transactions between cumulative inventors are characterized by particularly high transaction costs and other factors that may impede the ability of the parties to reach an agreement. As a result, the patent system may end up stifling technological progress rather than promoting it. This Article demonstrates that this concern may be mitigated by the Lexmark decision. The patent exhaustion doctrine, as construed by the Supreme Court, could constitute an effective policy tool for facilitating cumulative innovation in a variety of settings. Click here for more.
IFLA Sends Comments to the Senate of the Republic of Colombia on Copyright Reform
[International Federation of Library Associations] Colombia is now in the process of reforming its copyright law (Ley 23 de 1982). In view of this reform and of the debate at the Comisión Primera of the Honourable Senate of the Republic of Colombia, IFLA submitted written comments and suggestions for specific changes to the Bill. For the preparation and submission of comments, IFLA collaborated with the Fundación Conector and had the support of the Colegio Colombiano de Bibliotecología (ASCOLBI). Click here for more.
