[Ip-health] Infojustice Roundup - April 23, 2012

Michael Palmedo mpalmedo at wcl.american.edu
Mon Apr 23 13:12:55 PDT 2012

Infojustice Roundup
Intellectual Property and the Public Interest


Kenyan High Court Strikes Down Sections of Anticounterfeit Act


Justice Mumbi Ngugi of the Kenyan High Court has ruled that sections 2,
32, and 34 of the Kenya Anti Counterfeit Act 2008 "violate the
complainant's right to life and health as it severely limits access to
drugs." Three petitioners - Patricia Asero, Maureen Murenga and Joseph
Munyi - had challenged the law, charging that its overly broad
definition of what constitutes a counterfeit product would limit access
to generic medicines.  They further argued that this would violate the
Kenyan constitutional protection of the right to life, (Articles 70 and
71 of the Constitution).   Click here for more.


Consumers International Publishes 2012 IP Watchlist


Consumers International has published its annual "IP Watchlist," a
report that examines the IP laws and policies of 30 countries,
determining which are strongest and weakest at promoting access to
knowledge.  The list ranks each country according to 49 criteria, which
fall in to four general categories: "scope and duration of rights;
freedom to access and use (which is further sub-divided into eight types
of use); freedom to share and transfer; and administration and
enforcement." Click here for more.


PIJIP Res. Paper: A Pragmatic Approach to Intellectual Property and
Development - A Case Study of the Jordanian Copyright Law in the
Internet Age


Author: Rami Olwan.  Abstract: On October 4, 2004, Brazil and Argentina
requested that WIPO adopt a development-oriented approach to IP and to
reconsider its work in relation to developing countries. In October,
2007, WIPO member States adopted a historic decision for the benefit of
developing countries, to establish a WIPO Development Agenda. Although
there have been several studies related to IP and development that call
for IP laws in developing countries to be development-friendly, there is
little research that attempts to provide developing countries with
practical measures to achieve that goal. This article takes the
copyright law in Jordan as a case study and shows how, in practical
terms, a pro-development-oriented approach could be implemented in the
copyright laws of developing countries. It provides specific
recommendations for developing countries to ensure that their IP laws
are aligned with and serve their social and economic development
objectives. Click here for more. <http://infojustice.org/archives/13678>


Limitations and Exceptions to Copyright in China


This overview on copyright flexibilities in China consists of two parts:
first, answers to a questionnaire on the state of copyright law and
second, a table organizing the limitations and exceptions to copyright
in China's laws. The first part includes an analysis of copyright
flexibilities and the current political context of copyright provided by
Hong Xue.  The second was compiled by PIJIP fellow Marcela Palacio
Puerta. The compilation is part of a larger project to map flexibilities
in copyright law, and input is appreciated. Click here for more.


Legal Affairs Committee to Vote on ACTA This Week 


The European Parliament Legal Affairs Committee will discuss its
Rapporteur's draft opinion on ACTA this Wednesday, and will vote on
Thursday on whether or not to recommend that Parliament give its consent
to the Agreement.  FFII has written a letter to the members of the
Committee, warning that "ACTA's civil, border and criminal provisions
themselves are often disproportional and go beyond current EU law. These
provisions lack precise limitations and conflict with the general
safeguards. The conflicts will have to be resolved during
implementation."  FFII asks the committee to propose that Parliament
withhold its consent to ACTA.  Click here for more.


Public Knowledge's New Resource on Copyright Issues in the TPP 


Last week Public unveiled tppinfo.org, created to "provide news,
analysis and commentary from our experts and from others around the
world about TPP." Public Knowledge notes that the TPP "suffers from a
serious lack of transparency, threatens to impose more stringent
copyright without public input, and pressures foreign governments to
adopt unbalanced laws. Many of the same special interests that pushed
for legislation like SOPA and PIPA have special access to this
forum-including privileged access to the text as well as US
negotiators."  Click here to visit tppinfo.org. <http://tppinfo.org/> 


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