Regional Comprehensive Economic Partnership Texts Leaked

Today KEI posted two more leaked proposals for the IP chapter of the Regional Comprehensive Economic Partnership (RCEP), a trade agreement among Australia, Brunei, Cambodia, China, India, Indonesia, Laos, Malaysia, Myanmar, New Zealand, Japan, the Philippines, Singapore, South Korea, Thailand, and Vietnam. The four proposals leaked to date are from Japan, Korea, India, and ASEAN.

  • James Love. Knowledge Ecology International. New leaks from RECP negotiations on IP, India and ASEAN proposals. Link
  • Jeremy Malcolm, EFF. Meet RCEP, a Trade Agreement in Asia That’s Even Worse Than TPP or ACTA. Link
  • Belinda Townsend, Deborah Gleeson and Ruth Lopert. The Conversation. RCEP: The Trade Agreement You’ve Never Heard of But Should Be Concerned About. Link

ARSC Guide to Audio Preservation — Council on Library and Information Resources

[Brandon Butler] Last week an exciting new (free!) book was published to provide expert advice on a wide range of issues relevant to anyone who cares about (and especially those who care for) sound recordings. The ARSC Guide to Audio Preservation was made under the auspices of the Association for Recorded Sound Collections and the Council on Library and Information Resources with funding from the Library of Congress. I have two contributions about the legal dimensions of this important work. Click here for more.

Who Should Own Big Data?

[Sara Bannerman] Big data has a lot to offer, from curing disease to fostering economic development to fostering transparency.  At the same time, from government mass surveillance to data leaks, the misuses of big data seem as pervasive as its uses. Who owns big data?  What rights do–and should–its owners have over what is done with it? Two different answers to this question have been posed.  The first would allow free use of big data for non-profit scientific research.  The second would release IP control of big data for commercial research also. Click here for more.

Leading Health Organisations Join Fight for Affordable Medicines: Expanded coalition calls for urgent approval of National Policy on Intellectual Property

[Lotti Rutter] Last week, patient groups and other leading health organisations in South Africa have joined the Fix the Patent Laws campaign to push for reform of the country’s current patent laws that severely restrict access to affordable medicines for all people living in South Africa. Together, they call on the government to urgently finalise a National Policy on Intellectual Property that champions measures to reduce prices and increase access to a wide range of medicines for people in need across South Africa. Click here for more.

Copyright Office Releases Report on Orphan Works and Mass Digitization; Recommends Burdensome Legislation

[Krista Cox] On June 4, 2015, the Copyright Office released its Report on Orphan Works and Mass Digitization, including recommendations for legislation on orphan works and the creation of an extended collective licensing (ECL) regime for mass digitization… The Copyright Office’s report asserts that “the orphan works problem is widespread and significant” and that “anyone using an orphan work does so under a legal cloud, as there is always the possibility that the copyright owner could emerge after the use commenced and seek substantial infringement damages, an injunction, and/or attorneys’ fees.” Click here for more.

Cross-Border Copyfight: European Libraries Re-Thinking the InfoSoc Directive

[Karolina Andersdotter] Abstract: This master’s thesis focuses on the argumentation of library organisations and European national libraries in their contributions to the European Commission’s public consultation on the review of the EU copyright rules. This study aims to explain how the debate around copyright limitations and exceptions is constructed in library stakeholders’ contributions. The construction is explained through argumentation analysis and a theoretical framework of the relations between structural, instrumental, and discursive power. Click here for more.

Confidential USTR Emails Show Close Industry Involvement In TPP Negotiations

[William New] While a full range of stakeholders would be affected by the outcome of the Trans-Pacific Partnership (TPP) agreement under secret negotiation by the United States and a dozen trading partners, corporate representatives have had a special seat at the negotiating table, as shown by hundreds of pages of confidential emails from the US Trade Representative’s office obtained by Intellectual Property Watch. The emails give a rare and fascinating perspective on how policy is developed in the trade office. Click here for the full story on IP Watch.

Indian Copyright Law and Anti-Circumvention Provisions: Can a Please-All Regime Meet The Global Yardsticks?

[V.K. Unni] Abstract: Indian Copyright law, which has been in existence for more than 165 years, is on the verge of a major transformation triggered by rapid advancements in technology. In 2012, the law was amended to incorporate the Technology Protection Measures (TPMs) mandated by the World Intellectual Property Organization (WIPO) Copyright Treaty. This article examines in detail various provisions of the amendments on TPMs in the light of the WIPO Treaty, Digital Millennium Copyright Act provisions and the EU Copyright Directive. It explains the rationale behind the unique provisions under the amendment, the various internal and external factors which influenced the Indian policy makers, compatibility of the Indian provisions with global practices and the approach of the judiciary, which is going to play a crucial role in cases involving protection of TPMs. Click here for the full paper on SSRN.