[A2k] Infojustice Roundup - November 3, 2014

Michael Palmedo mpalmedo at wcl.american.edu
Mon Nov 3 12:25:39 PST 2014

Infojustice Roundup  


European Copyright Society: Limitations and Exceptions as Key Elements
of the Legal Framework for Copyright in the EU


[Cristophe Geiger; ECS Opinion on the Judgment of the CJEU in Case
C-201/13 Deckmyn] Abstract: In this opinion, the European Copyright
Society (ECS) puts on record its views on the issues raised by the
Judgment of the Court of Justice of the European Union (CJEU) in Case
C-201/13, Deckmyn, which departs from the doctrine of strict
interpretation of exceptions and limitations in cases in which
fundamental rights such as freedom of expression are involved. Click
here for more. <http://infojustice.org/archives/33520> 


Union for Affordable Cancer Treatment Letter to US Trade Representative
Michael Froman Re: Compulsory License on Dasatinib Patents


[Manon Ress] We represent the Union for Affordable Cancer Treatment
(UACT) and more generally people who share the conviction that cancer
drugs should be affordable and available to all. We are writing because
reports in Indian newspapers, television stations and blogs suggest that
you, in your capacity as the head of the office of the United States
Trade Representative (USTR), are pressuring the Indian government to
deny patients access to affordable generic versions of dasatinib, a drug
used to treat a rare form of leukemia. The issue involves patents held
by Bristol-Myers Squibb for a cancer drug, marketed by BMS under the
trade name Sprycel, that treats both Philadelphia chromosome-positive
acute lymphoblastic leukemia (ALL) and chronic myeloid leukemia (CML).
Dasatinib is a critical drug that fills an important gap in treatment,
particularly for patients who have developed a resistance to imatinib (a
drug sold by Novartis under the trade names Gleevec or Glivec). Click
here for more. <http://cancerunion.org/files/UACT-Froman-dasatinib.txt> 


TPP -Section-by-Section Analysis of Some Provisions People Aren't
Talking About


[Kimberlee Weatherall] This paper analyses certain key provisions of the
leaked 16 May 2014 text of the TPP IP Chapter - mostly, the ones people
haven't been talking about: particularly the trade mark, designs, and
geographical indications provisions, as well as rules regarding national
treatment, the preamble or objectives clauses, and the criminal
liability provisions. It also makes some limited comments about the
interaction between the chapter and investor-state dispute settlement.
Click here for the full paper on SSRN.


See also:  

*         Inside U.S. Trade. TPP Ministers Fail to Bridge Gaps Over
Pharma IP Transition Mechanisms. Link.

*         Erik Monasterio and  Deborah Gleeson. The Trans Pacific
Partnership Agreement: Exacerbation of inequality for patients with
serious mental illness. Australian & New Zealand Journal of Psychiatry.


New Policy Paper on the Re-Use of Public Sector Information in Cultural
Heritage Institutions


[Paul Keller] In 2013 the European Union enacted Directive 2013/37/EU
amending Directive 2003/98/EC on the re-use of public sector information
(PSI). The 2013 directive is an important pillar of the European Union's
open data strategy. It establishes the general principle that public
sector bodies' available information shall be reusable in accordance
with a number of conditions, such as open formats, terms and conditions.
Member States are asked to transpose the new rules into domestic law by
18 July 2015, i.e. about nine months from now. One of the major new
features of the PSI directive is the inclusion in its scope of libraries
(including university libraries), museums and archives. However, if
Member States are not careful, the implementation of the changes
required by the new directive could do more harm than good to cultural
heritage institutions. Click here for more.


Intellectual Property Strategy and the Long Tail: Evidence from the
Recorded Music Industry


[Laurina Zhang] Digitization has impacted firm profitability in many
media industries by lowering the cost of copying and sharing creative
works. I examine the impact of digital rights management (DRM) - a
prevalent strategy used by firms in media industries to address piracy
concerns - on music sales. I exploit a natural experiment, where
different labels remove DRM from their entire catalogue of music at
different times, to examine whether relaxing an album's sharing
restrictions increases sales. Using a large sample of albums from all
four major record labels, I find that removing DRM increases digital
music sales by 10% but relaxing sharing restrictions does not impact all
albums equally. It increases the sales of lower-selling albums (i.e.,
the "long tail") significantly (30%) but does not benefit top-selling
albums. These results suggest that the optimal strength of copyright
depends on the distribution of products in firms' portfolio. Click here
for the full paper on SSRN
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2515581> .






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