A User-Focused Commentary on the Trans Pacific Partnership ISP Safe Harbors
[Annemarie Bridy] Section J of the TPP’s IP chapter, on ISP safe harbors, looks a lot like Section 512 of the DMCA, but the two frameworks differ in some important respects that could negatively impact the global environment for user speech online. This post offers a comparison of Section J and Section 512 with a focus on the rights of users and the status of user expression in the TPP’s intermediary safe harbor provisions. Click here for more.
Letter from 42 Law Professors Urging Congress to Reject the Defend Trade Secrets Act of 2015
…While we agree that effective legal protection for U.S. businesses’ legitimate trade secrets is important to American innovation, we believe that the DTSA—which would represent the most significant expansion of federal law in intellectual property since the Lanham Act in 1946—will not solve the problems identified by its sponsors. Instead of addressing cyberespionage head-on, passage of the DTSA is likely to create new problems that could adversely impact domestic innovation, increase the duration and cost of trade secret litigation, and ultimately negatively affect economic growth. Therefore, the undersigned call on Congress to reject the DTSA. Click here for more.
Losing the Myths on the TPPA: A Reply to IDEAS
[Fifa Rahman and Joel Lexchin] On November 16, 2015 at the launch of the Intellectual Property Rights Index (IPRI) 2015 in Kuala Lumpur, IDEAS Malaysia, a libertarian think tank and proponent of the TPPA spoke about its October 2015 report “The Trans-Pacific Partnership: Seizing the Opportunities, Losing the Myths.” IDEAS Malaysia attempted to debunk the legitimate concerns of the Malaysian AIDS Council, the World Health Organisation, Nobel prizewinner Médecins Sans Frontières (Doctors without Borders), the American Medical Students Association, among many other bodies working in public health and access to affordable medication, that TRIPS+ provisions in the TPP would reduce access to medicines and drive drug costs up. IDEAS, on the other hand, claims that there would be no increase in medicine prices under the TPP. Click here for more.
New Copyright Law in Poland Heralds New Era for Libraries
[Electronic Information for Libraries] The new Polish Copyright Act [link in Polish] enters into force on 20th November 2015 bringing library services in Poland into the twenty-first century. Major new provisions enabling digitization for socially beneficial purposes, such as education and preservation of cultural heritage, are the centrepiece for libraries of the new law. The law also implements a European Directive enabling the use of orphan works (in-copyright works where the copyright holder cannot be identified or found to obtain permission), and an EU Memorandum of Understanding on the use of works that are no longer commercially available. In addition, the introduction of public lending right is limited to works in public libraries. Click here for more.
Nigeria Prepares To Revamp Its Copyright System For The Digital Age
[Dugie Standeford] Draft rules updating Nigeria’s copyright law regime are expected to be submitted to Parliament in 2016, Nigerian Copyright Commission (NCC) Regulatory Department Head Michael Akpan said. While the provisions have already been thoroughly vetted by stakeholders during consultations, several are likely to be challenged, he told Intellectual Property Watch. The NCC is now seeking comment on the Draft Copyright Bill 2015 [pdf], following a “holistic review” of the country’s policy and legal copyright protection framework, which was last changed in 1988, the document said. Click here for the full post on IP Watch.
The Medicines Patent Pool Signs Licence with Bristol-Myers Squibb to Increase Access to Hepatitis C Medicine Daclatasvir
[MPP] The Medicines Patent Pool (MPP) today announced its first licence for a hepatitis C medicine, signing an agreement with Bristol-Myers Squibb for daclatasvir, a novel direct-acting antiviral that is proven to help cure multiple genotypes of the HCV virus. The royalty-free licence will enable generic manufacture of daclatasvir for sale in 112 low- and middle-income countries (LMICs), 76 of which are World Bank classified middle-income nations. Nearly two-thirds of all patients living with hepatitis C in the LMICs reside in the territory covered by this agreement. Click here for more.
See also: Knowledge Ecology International, Initial Comments on the MPP/BMS license to patents and know-how for daclatasvir. Link.
The Trans-Pacific Partnership Poses a Grave Threat to Sustainable Development
[Matthew Rimmer] This month’s long-awaited release of the Trans-Pacific Partnership (TPP) text was the result of years of negotiations on trade ties between nations around the Pacific Rim. Some six weeks earlier, another set of deliberations came to an end as the United Nations unveiled its 17 Sustainable Development Goals (SDGs), which aim to eradicate poverty and reduce inequality by addressing critical issues such as food security, health care, access to education, clean and affordable water, clean energy, and climate action. Click here for more.
Education Should No Longer Be Held to Ransom by Publishers
[Piyushi Kotecha] Balancing tertiary institution budgets — without fee increases and with increases in costs due to inflation and potential insourcing — are not the only headaches facing vice-chancellors and their councils. The growing challenges over procuring essential research information will be adding to their woes. Around the world, frustration at the price of academic journals is growing. The research and academic library market is finite, so publishing companies (for profit and nonprofit alike) increase revenue and shareholder value by increasing the price. Click here for more.
