Implementing IP Provisions in Human Rights Instruments: Towards a New Social Contract for the Protection of Intangibles

[Christophe Geiger] Abstract:  Despite the crucial importance of ensuring a just balance of interests within intellectual property law, a well ‘thought-out’ IP clause is still lacking in an overwhelming majority of human rights instruments. Building upon the results of an empirical study of about 200 national constitutions and several leading international and European treaties on human rights, this chapter examines how the constitutional framework is guiding the understanding and shape of IP law. In particular, it examines different model provisions for IP included in human rights instruments and puts them in the context of selected judicial practice, general principles of legal interpretation and ‘quasi-constitutional’ rules of IP protection. Click here for more.

India Is First to Ratify “Marrakesh Treaty” Easing Access to Books for Persons Who Are Visually Impaired

[WIPO Press Release] India has become the first nation to ratify the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. So far, more than 75 WIPO member states have signed the Treaty, which was adopted on June 27, 2013 at a diplomatic conference organized by WIPO and hosted by the Kingdom of Morocco in Marrakesh. The Treaty will take effect after 20 ratifications or accessions are presented to WIPO. India was first after it officially notified WIPO of its ratification. Click here for more.

MSF Victorious In Overcoming Registration Barrier to Important 2d Line Treatment of DR-TB, But Patent Barrier May Last a Little Bit Longer

[Brook Baker] Médecins Sans Frontières has obtained an important but long-delayed victory in a a challenge to the refusal of the Medicines Control Council in South Africa to issue section 21 permission allowing the temporary importation and patient use of a generic version of a key, tuberculosis medicine, linezolid.  Linezolid can be effectively used as a treatment of drug-resistant tuberculosis, but the private sector cost of taking one pill a day for two years was approximately $49,000 when the medicine was sourced from the brand-name patent holder, Pfizer, at $65/pill.  Generic versions of linezolid are manufactured in India by Hetero at significantly reduced cost of only $8/pill. Click here for more.

The World Intermediary Liability Map (WILMap) Is Online

[Stanford Center for Internet and Society] The Center for Internet and Society at Stanford Law School is excited to announce the official launch of the World Intermediary Liability Map (WILMap). The WILMap is a detailed English-language resource comprised of case law, statutes, and proposed laws related to intermediary liability worldwide. The WILMap allows visitors to the CIS website to select information on countries of interest through a graphical user interface. Click here for more.

EU Court Rules on Transparency of Commission Planning Transatlantic Trade Agreement

[JURIST] The European Court of Justice (ECJ) ruled Thursday that the European Commission is not being sufficiently transparent regarding negotiations with the US on the Transatlantic Trade and Investment Partnership (TTIP)… The court concluded that documents related to international activity, including the TTIP, must still comply with Regulation (EC) No 1049/2001, which requires European Parliament, Council and Commission documents to be available upon public request. Negotiating documents are exempt from the transparency requirements. The Council must now give specific justification as to why it should not be required to grant access to its documents. Click here for the story on Jurist.

See also: Full Text of the Ruling | interview of Sean Flynn

WIPO Copyright Committee In Disarray Again; Development Dimension Questioned

[Catherine Saez] For the second time this year, the World Intellectual Property Organization copyright committee could not agree on the conclusions of its session or on any recommendation to be made to the September General Assembly on the protection of broadcasting organisations or the establishment of an international regime of exception and limitations for libraries and education. The development dimension of the United Nations specialised agency was again called into question by developing countries calling for more balance in the treatment of the issues on the agenda. Click here for the full story on IP Watch.

Trans Pacific Partnership Negotiations

TPP negotiators are meeting in Ottawa this week.  Inside U.S. Trade has reported that intellectual property talks are expect to include  copyrights, trademarks and enforcement; but exclude talks on IP and pharmaceuticals.  For more on the TPP round, see:

  • ca account by Jason Hjalmarson. The TPP So Far. (Link)
  • Derechos Digitales. TPP: ¿Se atreverá Chile a decir que no? (Link)
  • Médecins Sans Frontières. Trans-Pacific trade partners must stand against higher medicine prices and take harmful provisions off the negotiating table. (Link)
  • Inside U.S. Trade. Amid Low Expectations, Ottawa Meeting Likely To Skirt Controversial Issues. (Link)
  • ICTSD, Bridges Trade News. Officials Float Potential TPP Target Dates Ahead of July Meeting. (Link)