[A2k] Infojustice Roundup - June 11, 2018

Michael Palmedo mpalmedo at wcl.american.edu
Mon Jun 11 12:36:25 PDT 2018

InfoJustice Roundup - June 11, 2018

104 Members of Parliament Agree: It's Time to Dump the #LinkTax

[Alek Tarkowski] In an incredible show of political support for a more reasonable copyright law, today 104 members of the European Parliament sent a letter to Rapporteur Voss asking him to delete the harmful press publishers right-Article 11. The signatories include MEPs from across the political spectrum. Signatories of the letter state that "... we believe that the introduction of a new European neighbouring right will have a nocent and injurious effect on citizens' access to quality news and information." Click here for more.<http://infojustice.org/archives/40060>

South African Portfolio Committee on Trade and Industry Debates a General Copyright Exception

[Mike Palmedo] The South African Portfolio Committee on Trade and Industry has released its report on its most recent copyright reform debate. The summary notes: "An area of major contention was whether the Copyright Act should be based on the 'fair use' or the 'fair dealing' principle. The Committee strongly favoured 'the fair use' principle but with exceptions to manage the openness of the system..." Click here for more.<http://infojustice.org/archives/40046>

Sustainability of Article Publishing Charge to Further Open Access

[Prathima Appaji] In the field of academic publishing, there are a variety of models. Many journals use 'reader-pay' model wherein readers pay a fixed price to access to read. Increasingly, open access journals and hybrid journals are using an 'author-pay' model where the author pays a fixed Article Publishing Charge (APC) and the article is made accessible to all readers for free... in many cases, APCs have grown from a small fee to a major one. Click here for more.<http://infojustice.org/archives/40058>

EU Files WTO Case Against China Over Intellectual Property Rights Protection

[William New] The European Union has filed a World Trade Organization dispute settlement complaint against China for unfair treatment of foreign intellectual property rights holders. The case follows a similar filing by the United States against China. The EU says in its filing, available here, that a series of measures employed by China violate the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Click here for more.<http://infojustice.org/archives/40056>

Patent Policy and American Innovation after eBay: An Empirical Examination

[Filippo Mezzanotti and Timothy Simcoe] Abstract: The 2006 Supreme Court ruling in eBay vs. MercExchange marked a sea change in U.S. patent policy. The eBay decision removed the presumption of injunctive relief. Subsequent legal and policy changes reduced the costs of challenging patent validity and narrowed the scope of patentable subject matter. Proponents of these changes argue that they have made the U.S. patent system more equitable, particularly for sectors such as information technology, where patent ownership is fragmented and innovation highly cumulative. Opponents suggest the same reforms have weakened intellectual property rights and curtailed innovation. After reviewing the legal background and relevant economic theory, we examine patenting, R&D spending, venture capital investment and productivity growth in the wake of the eBay decision. Overall, we find no evidence that changes in patent policy have harmed the American innovation system. Click here for more.<http://infojustice.org/archives/40054>

Letter from 147 Organisations to EU Member State Ambassadors Asking Council to Stop a Rushed EU Copyright Reform

We, the undersigned, are writing to you ahead of your COREPER discussion on the proposed Directive on copyright in the Digital Single Market. We are deeply concerned that the text proposed by the Bulgarian Presidency in no way reflects a balanced compromise, whether on substance or from the perspective of the many legitimate concerns that have been raised. Instead, it represents a major threat to the freedoms of European citizens and businesses and promises to severely harm Europe's openness, competitiveness, innovation, science, research and education. Click here for more.<http://infojustice.org/archives/40044>

The NAFTA Negotiations - And Canada's Priority Watch List Designation: It's All About the Leverage

[Hugh Stephens] Abstract: Negotiating tactics can often appear harsh, but when the United States Trade Representative (USTR) placed Canada on its Priority Watch List (PWL), the move went beyond the standard give-and-take of renegotiating the North American Free Trade Agreement. Canada - a nation that believes in the rule of law - joins China, Algeria, Kuwait and Venezuela, to name just a few, on the PWL list for its alleged "worst" record in intellectual property standards. Granted, Canada has room for improvement in this area, but for the USTR's annual Special 301 report to place it on the PWL is hardly credible. It is no coincidence that Canada, the only G7 country - and virtually the only western country - to make either the PWL and the USTR's lesser Watch List (WL), is also in the midst of renegotiating NAFTA with the United States and Mexico. Click here for more.<http://infojustice.org/archives/40051>

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