[A2k] Infojustice Roundup - September 30, 2013

Michael Palmedo mpalmedo at wcl.american.edu
Mon Sep 30 11:35:14 PDT 2013

Infojustice Roundup  


Model Statute for Implementation of the WIPO Marrakesh Treaty


[Jonathan Band and Peter Jaszi] The Marrakesh Treaty, adopted by the
World Intellectual Property Organization this past summer, provides
Contracting Parties with great flexibility concerning the implementation
of its obligations. Article 4(2) sets forth one way a Contracting Party
may meet its obligation under Article 4(1) to permit the making and
distribution of accessible format copies domestically.  Likewise,
Article 5(2) sets forth one way a Contracting Party may meet its
obligation under Article 5(1) to permit the cross-border exchange of
accessible format copies. Click here for more.


Brazilian Patent Law Report


[Brook Baker] The Brazilian Center for Strategic Studies and Debates has
just released the English version of its major report - Brazil's Patent
Reform: Innovation Towards National Competitiveness. This 363-page
report comprehensively addresses the need for patent law reform in
Brazil. The report addresses TRIPS compliance, TRIPS flexibilities,
public health, and industrial policy rationales. Scholars, experts,
policy makers, and IP/access to medicines activists will benefit from
close study of the Report.  I urge them further to signal their support
for these positive changes by signing the academics/experts letter of
support (and/or short technical brief) or the civil society support
letter. Click here for more. <http://infojustice.org/archives/30758> 


Evidence Based Copyright Reform in South Africa


[Caroline Ncube] The Law and Economics of Copyright Users Rights
conference probed the value of economic empirical evidence to copyright
reform discussions.   This post gives an account of the use of such
evidence in current reform discourse in South Africa.  The Department of
Trade and Industry (DTI) has taken some initial steps towards a
comprehensive IP reform process by publishing a draft national IP
policy, which is currently open for public comment.  The copyright
sections of the draft policy do not engage with user rights in a
detailed manner. Some mention is made of the need to have meaningful
exceptions and limitations (E & L) ( at p16)  and the need to ensure
that  these are not abrogated online through the use of technological
protection mechanisms protected by anti-circumvention provisions (at
p29). Currently the Copyright Act falls far short of reasonable
expectations.  Click here for more.


Economists and Attorneys Discuss the State of Empirical Research on
Copyright User Rights at American University Event


[Mike Palmedo] On September 26, American University's Program on
Information Justice and Intellectual Property held an even the Law and
Economics of Copyright Users' Rights.  The event was the launch of an
interdisciplinary project to conduct empirical research on the effects
of flexibility in copyright law, including both the effects on consumer
welfare and on innovation in the technology and creative industries. The
project involves both law professors and economics professors from AU,
and like much of our other work, will be done with partners from
institutions around the world. For more see: Blog on the economist panel
<http://infojustice.org/archives/30802>  | Blog on the attorney
roundtable <http://infojustice.org/archives/30821> . 


ACTA-Plus Damages in the EU-Singapore Free Trade Agreement


[Ante Wessells] The EU and Singapore initialed and published the text of
the EU-Singapore Free Trade Agreement (EUSFTA). The text contains the
much criticized retail price damages, known from the Anti-Counterfeiting
Trade Agreement (ACTA), the treaty the European Parliament rejected last
year. On top of the retail price damages the judicial authorities have
the authority to order the infringer to pay the right holder the
infringer's profits. This heightens the already very high damages. Click
here for more. <http://infojustice.org/archives/30814> 


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