Model Statute for Implementation of the WIPO Marrakesh Treaty
[Jonathan Band and Peter Jaszi] The Marrakesh Treaty, adopted by the World Intellectual Property Organization this past summer, provides Contracting Parties with great flexibility concerning the implementation of its obligations. Article 4(2) sets forth one way a Contracting Party may meet its obligation under Article 4(1) to permit the making and distribution of accessible format copies domestically. Likewise, Article 5(2) sets forth one way a Contracting Party may meet its obligation under Article 5(1) to permit the cross-border exchange of accessible format copies. Click here for more.
Brazilian Patent Law Report
[Brook Baker] The Brazilian Center for Strategic Studies and Debates has just released the English version of its major report – Brazil’s Patent Reform: Innovation Towards National Competitiveness. This 363-page report comprehensively addresses the need for patent law reform in Brazil. The report addresses TRIPS compliance, TRIPS flexibilities, public health, and industrial policy rationales. Scholars, experts, policy makers, and IP/access to medicines activists will benefit from close study of the Report. I urge them further to signal their support for these positive changes by signing the academics/experts letter of support (and/or short technical brief) or the civil society support letter. Click here for more.
Evidence Based Copyright Reform in South Africa
[Caroline Ncube] The Law and Economics of Copyright Users Rights conference probed the value of economic empirical evidence to copyright reform discussions. This post gives an account of the use of such evidence in current reform discourse in South Africa. The Department of Trade and Industry (DTI) has taken some initial steps towards a comprehensive IP reform process by publishing a draft national IP policy, which is currently open for public comment. The copyright sections of the draft policy do not engage with user rights in a detailed manner. Some mention is made of the need to have meaningful exceptions and limitations (E & L) ( at p16) and the need to ensure that these are not abrogated online through the use of technological protection mechanisms protected by anti-circumvention provisions (at p29). Currently the Copyright Act falls far short of reasonable expectations. Click here for more.
Economists and Attorneys Discuss the State of Empirical Research on Copyright User Rights at American University Event
[Mike Palmedo] On September 26, American University’s Program on Information Justice and Intellectual Property held an even the Law and Economics of Copyright Users’ Rights. The event was the launch of an interdisciplinary project to conduct empirical research on the effects of flexibility in copyright law, including both the effects on consumer welfare and on innovation in the technology and creative industries. The project involves both law professors and economics professors from AU, and like much of our other work, will be done with partners from institutions around the world. For more see: Blog on the economist panel | Blog on the attorney roundtable.
ACTA-Plus Damages in the EU-Singapore Free Trade Agreement
[Ante Wessells] The EU and Singapore initialed and published the text of the EU-Singapore Free Trade Agreement (EUSFTA). The text contains the much criticized retail price damages, known from the Anti-Counterfeiting Trade Agreement (ACTA), the treaty the European Parliament rejected last year. On top of the retail price damages the judicial authorities have the authority to order the infringer to pay the right holder the infringer’s profits. This heightens the already very high damages. Click here for more.
