Kennisland Launches Copyright Exceptions Website
[Kennisland] Today Kennisland launches CopyrightExceptions.eu, which collects information related to the national implementation of 22 exceptions and limitations to copyright in the 28 member states of the European Union. CopyrightExceptions.eu provides much needed clarity of the current state of implementations of the exceptions open to member states. Click here for more.
The Protection of Intellectual Property in International Law – An Introduction
[Henning Grosse Ruse-Khan] Abstract: This paper contains the outline, as well as the introductory and concluding chapters of a monograph on the protection of intellectual property (IP) in the wider context of international law (OUP, 2016). Against the background of the debate about norm relations within and between different rule systems in international law, the book construes a holistic view of international IP law as an integral part of the international legal system. The first part sets out the theoretical foundation for such a holistic view by offering several methodological frameworks for the analysis of norm relations in international law. Click here for more.
Briefing Note: Trading Away Health: The Trans-Pacific Partnership Agreement (TPP) – 2016
[Medicins Sans Frontiers] … This briefing document from MSF illustrates how the TPP represents the most far reaching attempt to date to impose aggressive TRIPS-plus IP standards that further tip the balance towards commercial interests and away from public health. In developing countries, where people rarely have health insurance and must pay for medicines out of pocket, high prices keep lifesaving medicines out of reach and are often a matter of life and death. Click here for more.
European Court Declares that Linking Can Infringe Copyright
[Andres Guadamuz] A long-awaited case on intermediary liability and copyright infringement has finally been decided by the Court of Justice of the European Union (CJEU). The case is GS Media v Sanoma (C‑160/15), which involves Playboy pictures published online, and the liability of linking to said pictures. Sanoma publishes Playboy magazine, which made public a set of pictures in 2011 taken by one of its photographers. GS Media operates a website called GeenStijl, which provides light-hearted news and content in Dutch. On October 27 2011, GeenStijl published links to pictures that belonged to Playboy, but they were hosted in a cloud file storage service in Australia. Click here for more.
Observaciones a la Consulta Ciudadana “Propiedad Intelectual en el Ambiente Digital” de DIRECON
[Derechos Digitales] … Hace algunos días la Dirección General de Relaciones Económicas Internacionales (DIRECON) ha abierto una consulta ciudadana sobre Propiedad intelectual en el ambiente digital, con el objetivo de “conocer la realidad chilena” respecto de los desafíos de la utilización de contenidos protegidos por derecho de autor en el entorno digital y así alimentar el trabajo de Chile en foros internacionales como la Organización Mundial de la Propiedad Intelectual (OMPI). Si bien no puede negarse el valor y la necesidad de este tipo de instrumentos de consulta, hay una serie de observaciones que es necesario realizar sobre este proceso en particular. Click here for more on derechosdigitales.org.
German Court Issues Compulsory License on HIV Drug Patent
[Andrew Goldman] A German patent court has ordered a compulsory license under Section 24 of the Patent Act, allowing Merck (US) to continue to market the HIV drug raltegravir (marketed as Isentress). The August 31, 2016 decision was made by the Federal Patent Court in proceedings between Merck and Japanese company Shionogi, which had requested a preliminary injunction against Merck in 2015 for use of its patent. After Shionogi rejected Merck’s offer for a voluntary worldwide license on the patent, Merck responded by requesting the compulsory license, and then making an urgent request for such a license under Section 85 of the Patent Act. Click here for more on keionline.org.
Public Knowledge Launches Report on Systemic Bias at the U.S. Copyright Office
[Public Knowledge] Today we’re releasing our newest report, “Captured: Systemic Bias at the U.S. Copyright Office.” This report examines the role of industry capture and the revolving door between the major entertainment industries and the Copyright Office, and the implications that capture has had on the policies the Office embraces. In the report, we investigate how the Copyright Office: Regularly contorts basic questions of copyright law in ways that further the monopoly interests of major rightsholders; Advocates for expanded copyright with fewer limitations, exceptions, and consumer protections; Strives to insert itself into more and farther-flung policy debates, claiming “expertise” and issuing decisions on topics far beyond its mandate; Makes decisions based on predetermined outcomes, prioritizing its own views over input from non-self-interested stakeholders; and Is frequently overturned or ignored by courts, Congress, and other agencies. Click here for more.