[A2k] Infojustice Roundup - November 12, 2012

Michael Palmedo mpalmedo at wcl.american.edu
Mon Nov 12 10:03:59 PST 2012

Infojustice Roundup 


Philippine Senate Passes Legislation That Changes Fair Use Provisions in
Copyright Law 


[Mike Palmedo] Legislation to change the copyright law of the
Philippines has passed the third reading in the Senate.  The law was
sponsored by Senator Manny Villar, who is quoted in the press saying
that "It is high time that we genuinely adhere to the international
principle of fair use to limit the use of copyrighted material without
acquiring permission from the owner."  Villar also noted that the
U.S.-based International Intellectual Property Alliance had asked for
the Philippines to be placed on the Special 301 Priority Watch List. The
bill amends the existing law's language on fair use to specify that it
applies to a "limited number of" copies. Click here for more.


New Version of Marco Civil Threatens Freedom of Expression in Brazil


[Carolina Rossini]  Brazil is now in the midst of rolling out an
Internet bill of rights, called Marco Civil da Internet, which was
intended to afford strong protections for freedom of online expression
and Internet intermediaries. Unfortunately... a concerning last-minute
change has chipped away at the Bill's safe harbor provisions regarding
copyright infringement. Article 15 of Marco Civil originally provided
that ISPs are not responsible for infringing content by Third Parties
unless they disobey a specific judicial order to take down said content.
However, following a visit by the Minister of Culture to the legislator
serving as rapporteur of Marco Civil, the rapporteur introduced a new
paragraph into Article 15, saying that the article would not apply in
cases of "copyright and neighborhood rights". Click here for more.


LDCs collectively request an indefinite extension of their
TRIPS-compliance transition periods


[Brook Baker] Led by Haiti, least developed country Members of the WTO
have on November 5 filed a so-called "properly motivated" request under
Art. 66.1 of the TRIPS Agreement for a collective extension of the
transition period within which they must become TRIPS compliant. The
request specifically averts that LDCs have not developed technologically
and that they need continuing and future freedom from IP rules and the
high prices associated with IP rights if they are to develop
economically and technologically. LDCs had previously been granted two
pharmaceutical-related extensions of their original 11-year TRIPS
transition period (1995-2006) following the adoption of the Doha
Declaration on the TRIPS Agreement and Public Health. Those limited
extensions are not set to expire until Jan. 1, 2016. Click here for
more. <http://infojustice.org/archives/27663> 


Canadian Supreme Court Strikes Down Pfizer's Viagra Patent


[Mike Palmedo] The Supreme Court of Canada has invalidated Pfizer's
patent for Viagra, on the grounds that the company's patent filing did
not meet the Patent Act's disclosure requirements. The judgment stated:
"The patent system is based on a 'bargain': the inventor is granted
exclusive rights in a new and useful invention for a limited period in
exchange for disclosure of the invention so that society can benefit
from this knowledge. Sufficiency of disclosure lies at the very heart of
the patent system, so adequate disclosure in the specification is a
precondition for the granting of a patent."  Click here for more.


World OER Map: Will You Help Build It?


[Susan D'Antoni] The following invitation is extended to any of you who
might be interested in a discussion of how the OER community at large
might design, create and sustain an OER world map of institutional
initiatives... Over the past decade, there have been more and more
initiatives in more and more countries. It has become difficult to have
a sense of the global OER landscape. As we seek to communicate with
stakeholders, as we seek to connect with potential partners and as we
seek to learn from the experience of others, we might find useful a
picture of the OER world - a global map of institutional and perhaps
national initiatives as a starting point. Over time, an "OER World Map"
could be enhanced as the community wished and found feasible. Click here
for the full appeal. <http://creativecommons.org/weblog/entry/35072> 


Peruvians Balance the Public Debate on Internet User Rights


[Miguel Morachimo] A group of young professionals has decided to join
forces to create Hiperderecho
<http://www.hiperderecho.org/delitosinformaticos/> , a group dedicated
to studying and facilitating public understanding of public policy on
the internet in Peru. As a first project, Hiperderecho has created an
educational and positive platform called "A Better Cybercrime Act." The
platform intends to explain the Bill, collecting all information
available online. Next, the platform proposes five specific changes that
would help achieve a better balance of interests in the text of the
Bill. The full text of the proposal can be read on the Hiperderecho
website. Of course, it is a social platform open to feedback and
continuous improvement. Click here for more.





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