2014 Special 301 Report

On April 30, the United States Trade Representative released the 2014 Special 301 Report, which fulfills its mandate under the Trade Act (19 U.S.C. § 2242) to identify countries that “deny adequate and effective protection of intellectual property rights, or deny fair and equitable market access to United States persons that rely upon intellectual property protection.”

Guarding Against Abuse: Restoring Constitutional Copyright

[Derek Khanna] Today I published a report with R Street Institute calling for Congress to restore constitutional copyright through significantly shorter copyright terms. I hope you check it out, as it delves into the impact of our unusually long copyright laws among a variety of aspects of society, historical preservation, orphan works, remix music, and the ability to make new movies based upon the public domain like Disney. Click here for more.

France, Greece, India and the European Union Sign the Marrakesh Treaty

[Neeha Chaudry] On April 30, 2014, on Day 3 of the 27th Session of the WIPO Standing Committee on Copyright and Related Rights, a Signing Ceremony was conducted for member states wishing to sign the Marrakesh Treaty to facilitate access to books and other reading material for the print disabled. Click here for more.

Hopes Dampened For Copyright Exceptions For Libraries/Archives At WIPO

[Catherine Saez] World Intellectual Property Organization delegates sitting on the copyright committee had to declare defeat late into the night yesterday as they could not agree on the conclusions of the meeting or its future work. The efforts by developing countries to craft a treaty providing copyright exceptions for libraries and archives met with stonewalled resistance by some developed countries, in particular the European Union. Click here for the full story on IP Watch.

Obama: TPP critics have a “lack of knowledge of what is going on in the negotiations”

[Mike Palmedo] At his joint press conference with Malaysian Prime Minister Najib Razak, Obama addressed concerns that intellectual property provisions in the Trans Pacific Partnership (TPP) will lead to “higher costs of medical supplies.” His response was that people who raise concerns about TPP intellectual property provisions and access to medicines have a “lack of knowledge” about what is happening in (secret) negotiations, and are therefore prone to “rumors” and “conspiracy theories.” Click here for more.

Free Trade in Patented Goods: International Exhaustion for Patents

[Sarah Rajec] Abstract: … Patent law … remains inconsistent with free-trade principles by allowing patent holders to subdivide the world market along national borders and to forbid trade in patented goods from one nation to another. This Article demonstrates that the doctrines thwarting free trade in patented goods are protectionist remnants of long-abandoned pre-Industrial Age economic theories, and the modern arguments for restricting international trade in patented goods — most notably, the possible desirability of permitting price discrimination — provide an insufficient justification for restricting trade across national frontiers. The Article concludes that modern patent law doctrine should be modified to permit free international trade in patented goods and that, if price discrimination or other goals are thought desirable, better alternatives are available to achieve those goals. Click here for the full paper on SSRN.