InfoJustice Roundup – April 8, 2019
Industry Weighs In on DOJ’s Standards Essential Patent Policy Reversals
[Jorge Contreras] Beginning in November 2017, Makan Delrahim, head of the U.S. Department of Justice Antitrust Division, signaled that he would reverse many of the DOJ’s prior positions regarding technical standardization and, especially, patents covering technical standards (so-called Standards Essential Patents or SEPs) (the 2017 announcement is discussed in detail here). The latest step in this DOJ reversal of direction came in December 2018, when Mr. Delrahim announced that the DOJ would withdraw from a 2013 joint Policy Statement that the DOJ issued with the U.S. Patent and Trademark Office (PTO). The DOJ’s unexpected withdrawal from the Joint Policy Statement has prompted significant reactions within the industries affected by standardization, including statements of strong support for the DOJ’s new position by an inventors’ alliance and a coalition of large SEP holders, and statements urging the DOJ’s reconsideration by the American Antitrust Institute (AAI) [note: the author serves on the Advisory Board of the AAI] and a coalition of technology companies. Click here for more.
Regional Seminars on Copyright Limitations and Exceptions Described by WIPO
[Sean flynn] The WIPO Secretariat held a briefing on its plans for regional seminars on limitations and exceptions to copyright for Libraries, Archives, Museums and Educational & Research Institutions, on April 3. Sylvie Forbin chaired the meeting and led the description of WIPO’s plans. Click here for more.
Is the FDA Misleading Congress About the Safety of Imported Medicines?
[Gabriel Levitt] The one issue that unifies our divided America is the high cost of prescription drugs… On of the solutions currently working its way through Congress would permit patients to obtain lower-cost medication from pharmacies in Canada and other countries, where drug prices are frequently as much as 80 percent lower than those at US pharmacies. Americans haven’t waited for Congress to act, however: Despite the fact that it’s federally prohibited under most circumstances, an estimated 19 million Americans have already imported medicines for personal use because of cost. Click here for more.
The Loss of Archival Material at the National Museum
[Caue Oliveira Fanha] On September 2nd, 2018, Brazilians followed with shock news of the fire at the National Museum. Most of the scientifically and culturally invaluable artifacts were destroyed. 200 years of memories and science went up in flames. Initial estimates indicate that 90% of collection was lost, an irreparable damage to our culture and knowledge. Click here for more.
Affordable College Textbook Act Reintroduced in U.S. Congress
[Scholarly Publishing and Academic Resources Coalition] SPARC…, an international alliance of academic and research libraries working to broaden access to knowledge, today applauded the reintroduction of the Affordable College Textbook Act in the U.S. Congress. The bill aims to make higher education more affordable for students by expanding the use and awareness of open educational resources (OER) — high quality academic materials that can be freely downloaded, edited and shared to better serve all students. Click here for more.
Communia General Statement on Exceptions and Limitations (SCCR/38)
[Teresa Nobre] We believe that there is a minimum set of access and use rights that should be defined by public rules, since they are justified by public interests. If copyright laws do not grant to the education and research communities, the cultural heritage institutions, and the persons with disabilities the same level of protection that is granted to rightsholders, and defer to private agreements the regulation of all uses of copyrighted materials, they perpetuate an unbalanced power structure and let rightsholders weaken or undermine what should be a public policy decision. Click here for more.
To Shield Patents, Firms Seek Information on Generic Drug Launches
[Sushmi Dey] New Delhi: In what is being seen as an attempt to delay launch of low priced generic medicines, multiatnional drug makers have asked the government to create a registry providing information about all dug applications pending man ufacturing and marketing approval. The proposal, if accepted by the government, will help ‘big pharma’ pre-emptively challenge generic drug makers in court for allegedly infringing upon their patents and in turn blocking or delaying the entry of the low cost version of the drug in the market. Click here for more on the Times of India.
