[A2k] Infojustice Roundup

Mike Palmedo mike.palmedo at gmail.com
Tue Sep 18 08:53:23 PDT 2012

Infojustice Roundup

*A New Ministry of Culture in Brazil *

[Allan Rocha de Souza] Just after entering her 21st month heading the
Ministry of Culture in Brazil, Ana de Hollanda was dismissed on Tuesday,
September 11. The new Minister, Marta Suplicy, a well known Labor Party
politician from São Paulo, took office on the 13th ... In her opening
speech, the new Minister mentioned that “the [concern with] the
difficulties in access to cultural products and goods, the [promotion of]
cultural diversity, the continuing dialogue with all cultural and social
segments as well as with Congress” will always be priorities in her
Ministry. It is important to note that, when taking office in 2011,
President Dilma established thirteen directives which were priorities for
the Government. Among them, there is an explicit statement on
“democratization of access to cultural goods”. One of the most important
ways of achieving such goal is strengthening the copyright limitations and
exceptions by opening up the system. We hope this time it will be for
real. Click
here for more. <http://infojustice.org/archives/27320>

*Internet Activa: A webinar for digital activists*

[Carolina Botero] Digital rights and civil freedoms on the web, 12 basic
lessons online” is the first online seminar, to be launched from September
2012 until February 2013. This webinar will give you the information,
criteria and basic tools to understand key issues in our times. It will
also give you a glimpse of similar experiences in Latin America and will
connect you with other fellow activists in the defense of an Open,
Participative and Free Web. Click here for

*Fast-Tracked Panamanian Copyright Bill Creates Financial Incentive to
Maximize Enforcement of Copyright*

Last month, the Panamanian executive branch introduced new copyright
legislation to bring the nation into compliance with its Free Trade
Agreement with the U.S.  The executive would like the legislature to pass
it by October. Bill no. 510 “On Author’s Rights and Neighboring Rights”
(Sobre Derechos e Autor y Derchos Conexos) lengthens the term of copyrights
to 70 years after the life of the author, and seems to expand the
definition of “reproduction” to include temporary copies. It amends the
criminal penalties section of the existing law. It increases civil and
criminal penalties for infringement. Bill no. 510 also creates a strong
financial incentive for the agency in charge of enforcement to monitor
ordinary people and to increase the quantity of enforcement actions. Click
here for more. <http://infojustice.org/archives/27313>

*Civil Society in the Republic of Moldova Opposing Data Exclusivity in FTA
with the EU*

[Stela Bivol] The Republic of Moldova, a country in the Eastern European
region, has started in 2011 the process of confidential negotiations for
Deep and Comprehensive Free Trade Agreement with the European Union (EU).
In these negotiations the EU requires the Republic of Moldova to introduce
in the national legislation data exclusivity as a new form of protection of
intellectual property for the maximum period of eleven years (8+2+1). In
the first round of negotiations, Moldova opposed introduction of data
exclusivity because of the impact on price of drugs, but the official
answer of Director General for Trade was that EU interpretation of unfair
commercial use is in line with the TRIPS Agreement. Click here for

*Budapest Open Access Initiative policy recommendations for the next 10

[Timothy Vollmer] Ten years after the release of the Budapest Open Access
Initiative, OA advocates last week released updated recommendations in
support of open access around the world, touching on areas including
policy, licensing, sustainability, and advocacy. Of particular interest are
recommendations that urge funders to require open access when they make
grants: “When possible, funder policies should require libre OA, preferably
under a CC-BY license or equivalent.” When funding agencies institute open
access policies for the grant funds they distribute, they increase the
impact of the research produced. This is because the outputs can be widely
reused under the CC-BY license, which allows for reuse for any purpose
(even commercial) so long as attribution is given to the author.  Click
here for the full blog on

*India Rejects Bayer’s Request for a Stay on Compulsory License*

India’s Intellectual Property Appellate Board has rejected Bayer’s request
for a stay on the compulsory licensed issued for the anticancer drug
sorafenib tosylate, (sold by Bayer under the brand name Nexaver).  The
compulsory license was issued to the generic manufacturer Natco last March
under Section 84 of the Indian Patents Act.  The controller of patents had
found that each of the three necessary conditions applied: “(a) that the
reasonable requirements of the public with respect to the patented
invention have not been satisfied, or (b) that the patented invention is
not available to the public at a reasonably affordable price, or (c) that
the patented invention is not worked in the territory of India.” Click here
for more. <http://infojustice.org/archives/27298>

*Webcast: Recent Developments in Fair Dealing in Canada*

Recent copyright cases in the Supreme Court of Canada expanded fair
dealing, Canada’s equivalent to U.S. fair use. These cases held, among
other points, that users have rights that must be given a large and liberal
interpretation”, that copyright law is about both “protection” and
“access,” that “research” purposes are not strictly limited, and that there
is no absolute requirement for transformative use in Canada. These cases
stress that technological neutrality matters, paving the way for future
innovation. WCL hosted a discussion of these cases with Canadian attorneys
Ariel Katz and Howard Knopf, and with comments by Prof. Martin Senftleben
on how civil law judges might look at open-ended norms such as those in the
Canadian cases. Click here for the webcast and a summary of the

*Progress Slow on IPR Talks as Fourteenth Round of TPP Negotiations

On Sunday, TPP negotiators concluded their 14th round of negotiations.  The
IPR talks revolved around cooperation on IPRs, trademarks, and geographical
indications.  Progress in the IPR negotiations were said to be progressing
very slowly. USTR announced that the next round of negotiations will be
held in Auckland, New Zealand, on December 3-12, and that “Mexico and
Canada will join the TPP negotiations once current TPP members successfully
conclude their domestic procedures, which is expected to occur in early
October.”  An Avaaz.org petition asking governments “to make the TPP
process transparent and accountable to all, and to reject any plans that
limit our governments' power to regulate in the public interest” has
received over 670,000 signatures as of Monday evening. Click here for

*USTR Publishes Comments, To Hold Hearings on Canada and Mexico’s Entry
into TPP Negotiations*

USTR has published comments received in response to a Request for Comments
on the entry of Canada and Mexico into the Trans Pacific Partnership. The
60 comments on Mexico are
there will be a public hearing on the nation’s entry into the trade
negotiations on Friday, September 21.  The 49 comments on Canada are
and there will be a public hearing regarding its entry in to the trade
negotiations on Monday, September 24.

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