[A2k] Infojustice Roundup - April 1, 2013

Michael Palmedo mpalmedo at wcl.american.edu
Mon Apr 1 09:09:16 PDT 2013

Infojustice Roundup


Indian Supreme Court Rejects Novartis Appeal; Upholds High Standard for
Section 3(d)


[Lawyers Collective]  In a triumphant victory for patients fighting for
access to medicines, a division bench of the Supreme Court of India
comprising Hon'ble Justice Aftab Alam and Hon'ble Justice Ranjana Desai,
today dismissed Swiss MNC Novartis' appeal for a patent to Novartis for
its anti-cancer medicine, imatinib mesylate (Gleevec). The case is
especially pertinent because it involved the interpretation of section
3(d) of the Patents Act, 1970, a public health safeguard introduced by
Parliament in 2005 to prevent evergreening. Putting an end to the
controversy over the provision, the Supreme Court has recognised the
impact of patents on access to medicines and called for a strict
interpretation of section 3(d). Click here for more.


National Human Rights Body Recommends Abolishing Three-Strike-Out Rule


[Heesob Nam] Last week the National Human Rights Commission of South
Korea published a special report on information human rights. It is the
first report comprehensively discussing the progress of information and
communication technologies in terms of human rights and providing
recommendations for the protection, promotion, and enjoyment of
information human rights. In this report, information human rights
covers four different categories: rights to information privacy; freedom
of expression online; rights to access to information; and rights to
culture and information. Click here for more.


USTR Request for Public Comments on Transatlantic Trade and Investment


[USTR press release] The Office of the United States Trade
Representative today published in the Federal Register a request for
public comments regarding U.S. interests and priorities related to the
planned negotiation of a Transatlantic Trade and Investment Partnership
agreement.  On March 20, 2013, the Obama Administration notified
Congress of its intention to enter into negotiations on a Transatlantic
Trade and Investment Partnership with the European Union.  To view a
copy of the full Federal Register Notice, click here.  For more
information on America's trade with the European Union, please visit the
European Union page of USTR's website. Click here for the full request
for comments
ement> .


Draft EU Trademark Rules and Goods in Transit


[Henning Grosse Ruse-Khan] The EU has recently released its new proposal
for an update of its substantive trademark protection regime. The
proposal has interesting language specifically addressing the conditions
under which goods in transit infringe - regardless whether they actually
are destined for a domestic market of one of the EU member states -
substantive EU trademark law. This has significant implications for the
ability of right holders to request their detention, based on EU border
measure regulations (BMR): To the extent such transit goods infringe the
law of the EU transit country, it appears that they may be subject to
detention and seizure under the BMR. Click here for more.


The Fair Use/ Fair Dealing Handbook


[Jonathan Band]  More than 40 countries with over one-third of the
world's population have fair use or fair dealing provisions in their
copyright laws. These countries are in all regions of the world and at
all levels of development. The broad diffusion of fair use and fair
dealing indicates that there is no basis for preventing the more
widespread adoption of these doctrines, with the benefits their
flexibility brings to authors, publishers, consumers, technology
companies, libraries, museums, educational institutions, and
governments.  Click here for more.


USTR IP Negotiator Discusses "Binding Commitments" on Copyright
Flexibilities in the TPP


[Mike Palmedo] Last week the Washington International Trade Association
(WITA) held a panel on "21st Century Issues" in the Trans Pacific
Partnership negotiations, which featured speakers on
e-commerce/telecommunications, SOEs, regulatory coherence, and
intellectual property. According to an account of the discussion on
ustr.gov, IP negotiator Probir Mehta "stressed that the U.S. is pushing
for binding commitments from TPP partners so that they also achieve a
balance in their copyright systems in providing exceptions and
limitations for scholarship, criticism, news reporting, research and
other legitimate purposes - as in the United States."  Click here for
more. <http://infojustice.org/archives/29158> 


On the (New) New Zealand Graduated Response Law (and Why It's Unlikely
to Achieve Its Aims)


[Paper by Rebecca Giblin] Abstract: In 2011 New Zealand controversially
introduced a 'three strikes' graduated response law. Under this law, the
holders of Internet service accounts which are detected as having
infringed copyright via P2P file sharing technologies three times within
a specified time period can be ordered by the Copyright Tribunal to pay
content owners up to NZ$15,000. The law also provides for Internet
access to be suspended, though these provisions are currently inactive
pending determination of the efficacy of the financial penalty regime.
This paper explores the contours of the NZ graduated response regime -
and then outlines a number of technical and practical reasons why it's
unlikely to achieve its aims.  Click here for the full paper.


Innovation, IPR Cooperation Among Top Priorities For BRICS in Trade and
Investment Cooperation Framework


[IP Watch] The trade ministers of Brazil, Russia, India, China and South
Africa (BRICS) have concluded a framework for cooperation that includes
innovation and intellectual property rights, but separately. The
ministers met... on the eve of the fifth BRICS summit, being held in
Durban, South Africa. Click here for more.


Senators Baucus and Hatch Write USTR Seeking 12 Years of Data
Exclusivity for Biologics in TPP


[Mike Palmedo] Sen. Max Baucus (Chairman of the Senate Finance
Committee) and Sen. Orin Hatch (the Committee's Ranking Minority Member)
wrote Acting U.S. Trade Representative Demetrios Marantis on March 22
asking for "comprehensive, strong, binding and enforceable"
intellectual property protections in the Trans Pacific Partnership.
Specifically, the letter from Sens. Baucus and Hatch asks that USTR seek
"commitments from our trading partners that reflect the level of
protection under U.S. law, for example 12 years of regulatory data
protection for biologic pharmaceuticals." Click here for more.



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