Current Alliances in International Intellectual Property Lawmaking: The Emergence and Impact of Mega-Regionals
[International Centre for Trade and Development] ICTSD is pleased to publish the fourth issue in the CEIPI-ICTSD series on Global Perspectives and Challenges for the Intellectual Property System produced jointly with the Centre for International Intellectual Property Studies (CEIPI). The new issue, edited by Pedro Roffe and Xavier Seuba, explores the impact of plurilateralism on intellectual property law… The volume includes papers authored by prominent scholars with contributions by Thomas Cottier, Frederick M. Abbott, Mira Burri, Peter K. Yu, Padmashree Gehl Sampath, Pedro Roffe, and Xavier Seuba. Click here for more.
EU “Copyright Reform” Threatens Freedom of Information, Open Access and Open Science
[Commons Network] In early October, the European Parliament’s Legal Affairs Committee will vote on the Digital Single Market copyright legislation. Here we would like to express our alarm at the direction EU copyright legislation is taking. We are profoundly concerned that a number of proposals, including Article 11 and Article 13, will mean disproportionate restrictions on the fundamental right of freedom of information as well as the creation of new and costly barriers and administrative burdens for adopted EU policies mandating open access, open education and open science. Click here for more.
Drugs, Drugs Everywhere But Just Not for the Poor
[Srividhya Ragavan] Abstract: This article attempts to understand the legitimacy and limitations of US involvement in another country’s sovereign actions taken expressly in the public interest, or to protect public health, such as the compulsory licensing of pharmaceuticals. The first section takes the example of compulsory licensing as a legitimate sovereign action and delineates its scope in the light of the international trade obligations under TRIPS. Click here for more.
Why Universities Can’t Be Expected to Police Copyright Infringement
[Sarah Bannersman] As the new school year approaches, Canadian universities are grappling with the Federal Court of Canada’s recent copyright decision against York University. The court ruled that York could not rely on its fair dealing policy and per-use licensing to copy works as a part of course packs, but must pay millions of dollars in licensing fees to Access Copyright, which sells blanket copyright licenses to organizations. Publishers felt vindicated, while fair dealing advocates have argued that the decision is incorrect, fails to follow Supreme Court of Canada precedent and is likely to be overturned on appeal. York has announced that it will appeal the decision. Twin problems arise from the decision. Click here for more.
Legal Affairs Should Ignore CULT’s Retrograde Changes to Text- and Data-Mining Exception
[Timothy Vollmer] Summer is nearly over, and the European Parliament Committee on Culture and Education (CULT) has published their final opinion on the draft Directive on Copyright in the Digital Single Market. The opinion comes following the committee vote on 11 July. We were hopeful that CULT could deliver some helpful (and much needed) changes to the Commission’s proposal, including broadening the education exception, permitting cultural heritage institutions to share their collections online, deleting the dangerous press publishers right, and opposing upload filters for online platforms. Regarding text and data mining (TDM), we wished for CULT to push for expanding the exception so TDM could be conducted by anyone, for any purpose. Instead, CULT has doubled down on their backward approach to Article 3. Click here for more.
