Medicines Patent Pool (MPP) Signs Licensing Agreement with AbbVie for HIV Pediatric Formulations of Lopinavir and Ritonavir

[MPP Press Release]  On World AIDS Day, the Medicines Patent Pool (MPP) and AbbVie announced a licensing agreement for lopinavir (LPV) and ritonavir (r), top World Health Organization-recommended medicines for children. The licence will enable other companies and organisations to re-formulate and manufacture specially designed LPV/r and r paediatric treatments for distribution in low- and middle-income countries where 99% of children with HIV in the developing world live. Click here for more.

The Argentina Court and a Key Ruling Regarding Intermediary Liability

[Eleonora Rabinovich] The Argentine Supreme Court has finally published its ruling on intermediary liability… The case began due to a claim filed by the model Belén Rodríguez against Google and Yahoo! concerning the linking of her name with several webpages and the alleged misuse of her image. In Argentina, there are more than 150 cases of this nature in process. In general, plaintiffs in these cases demand the elimination of the link between their name or image and the webpages which supposedly harm them. In some cases, plaintiffs seek economic compensation for damages. So far, there has been a set of decisions about the merits of the case: most of the jurisprudence developed relates to precautionary measures which order to erase the results of searches that actors consider as violations of their rights. Click here for more.

Global petition to stop US pressure on India !  #SaveOurMedicines

[Lawyers Collective]  As you know, transnational pharmaceutical companies and the US Government are putting pressure on the Indian Government to change India’s IP laws especially the Indian Patents Act, which will make medicines unaffordable to millions of people in India and other developing countries. Peoples’ groups, patients’ networks and civil society organizations have come together in one voice to ask the US government to stop pressuring India against use of its legitimate rights to protect public health. The petition asks the US Government to stop pressuring India. The petition also urges the Indian Government to hold its ground and not give in to the pressure. Click here for more.

Perú: Congreso aprobó modificación de Ley de Derechos de Autor a favor de la educación y las bibliotecas

[Miguel Morachimo] La aprobación de este proyecto de ley significa un triunfo para los derechos de los usuarios en el marco del sistema de derechos de autor. Quizás su contribución más relevante sea permitir que las bibliotecas puedan prestar cualquier tipo de obra y ya no estar limitadas exclusivamente a la de formato impreso. Click here for more on hiperderecho.org

State of the Commons

[Creative Commons] Millions of creators around the world use CC licenses to give others permission to use their work in ways that they wouldn’t otherwise be allowed to… But measuring the size of the commons has always been a challenge. There’s no sign-up to use a CC license, and no central repository or catalog of CC-licensed works. So it’s impossible to say precisely how many licensed works there are, how many people are using Creative Commons licenses, where those people are located, or how they’re using them. With this report, we’re taking a big step toward better measuring the size of the commons. We’re also sharing all of the data and methodologies that we used to find these numbers, and making a commitment to hone and update these findings in the months and years to come. We’re also telling the stories of events from 2014 that have impacted the size, usability, and relevance of the commons. Click here for more.

Lane Fischer Presents Study on the Impact of Open Textbooks on Learning Outcomes at OpenEd14

[Mike Palmedo] At last week’s Open Education Conference, Lane Fischer presented the results of a study he conducted with Jared Robinson, John Hilton and David Wiley on “the impact of open textbook adaptation on the learning outcomes of post-secondary students.” The authors analyzed data on 16727 community college students.  4,909 students were in the “treatment” group that used open textbooks, and 11,818 were in the control group. They found that the treatment group students were more likely to complete the courses they were enrolled in, and were more likely to receive a passing grade.  Students in the treatment group were able to take more credits both the semester they used open textbooks and the following semester. All of the results were highly statistically significant.  Click here for more.

Recommendation on Measures to Safeguard Freedom of Expression and Undistorted Competition in EU Trade Mark Law

[Coalition of 32 European Legal Scholars] Whatever the protection afforded to trade marks, it must always be balanced against general interests, in particular the fundamental freedom of expression and the guarantee of undistorted competition, as reflected in the Lisbon Treaty, the Charter of Fundamental Rights and the European Convention on Human Rights. The need for an appropriate balance is inherent in trade mark law. It is an issue of particular importance in the light of ongoing technological, economic and social developments, and of considerable complexity because of the diversity of legitimate interests of trade mark proprietors, consumers, competitors and the public at large. Against this background, the Recommendation provides guidance on how to offer sufficient room for freedom of expression and freedom of competition in the envisaged new EU trade mark legislation. It addresses measures to be taken by legislators, trade mark registration offices and the courts at various stages: from the grant of trade mark rights and the analysis of trade mark infringement to limitations of trade mark protection and the appropriate distribution of the burden of proof. Click here for the Recommendations on ssrn.com