[Ip-health] Infojustice Roundup - November 5, 2012

Michael Palmedo mpalmedo at wcl.american.edu
Mon Nov 5 08:51:28 PST 2012

Infojustice Roundup  


Pakistan to Establish Intellectual Property Tribunals


[Hafiz Aziz ur Rehman] Pakistan is almost set to establish specialized
Intellectual Property Tribunals which would exercise exclusive
jurisdiction on intellectual property cases (patents, copyright,
trademark, designs, Integrated Circuits and selected sections of
Pakistan Penal Code dealing with trademark and counterfeiting). It means
that when these tribunals become functional, all cases related to
relevant sections of the Pakistan Penal Code will eventually transfer to
the tribunals. It is important to note that under the WTO-TRIPS
Agreement, Pakistan has no obligation to establish specialized IP courts
and several developing countries (including India) do not have dedicated
intellectual property courts. Click here for more.


Presidential Decree in Costa Rica Protects the Photocopying of Textbooks
by Commercial Copy Shops


President Chinchilla of Costa Rica has signed a decree to protect
photocopying of textbooks. The decree clarifies an exception in Law
8,039, recently passed to bring the nation into compliance with the
Central American Free Trade Agreement, which includes criminal sanctions
for IP crimes.  Law 8,309 also includes an exception for copying for
academic uses, but student groups had raised concern that the exception
would not apply to the for-profit copy shops that surround most
universities - where most students buy low priced copies of texts.
Click here for more. <http://infojustice.org/archives/27643> 


WTO Trade Policy Review of Israel Discusses Fair Use in Copyright Act of


[Thiru Balasubramaniam] The World Trade Organization (WTO) held its
fourth review of Israel's trade policies and practices on 30 October
2012 and 1 November 2012... The Secretariat report notes that another
"significant development in Israeli intellectual property law is the
introduction of the new Copyright Act 2007[56] which, inter alia,
replaces the doctrine of fair dealing with that of fair use, thus
providing a more flexible approach to copyright exceptions". The report
describes the "fair dealing" approach as relatively restrictive in
contrast to the "more flexible and open-ended approach" of fair use...
The report clarifies that while "fair use is considered, exemption, or
privilege under U.S. Copyright law", the manner in which the 2007 Act is
drafted "could support the interpretation that fair use is a permitted
use and not merely a defence" with some arguing that "permitted uses
should constitute 'user rights'". Click here for more.

Open Access in Africa - Green and Gold, the Impact Factor, 'Mainstream'
and 'Local' Research


[Eve Gray] I have been following the debate raging in the UK and beyond
about whether the Finch Commission and the Research Councils UK - and
then the EC with a slightly different emphasis - were right in opting
for support for the 'gold route' of open access publishing rather than
prioritizing only the 'green route' of open access repositories. There
seems to have been a general consensus in the commentaries that I have
read that this will disadvantage the developing world, which will be
faced with the barrier of high article processing fees and become
increasingly excluded. The green route, through continuing creation of
institutional repositories, would be better for us, we are told. I don't
agree. The reasons are complex, but at heart this takes us back to the
question of whether we are seeking access to or participation in the
production of global literature. Which policy path would most
effectively give voice to research from Africa, largely silenced in the
current system? Access to world literature is also important, but is
inadequate on its own, risking perpetuating a neo-colonial dispensation
that casts the dominant North as the producer and the developing world
as the consumer of knowledge. Click here for more.


Indonesian Compulsory Licenses Show Values of Pro-Access
TRIPS-Flexibility Terms in Voluntary Licenses


[Brook Baker] It is a tremendous victory for people living with HIV in
Indonesia that it has issued new compulsory licenses on seven
anti-retroviral medicines, allowing the government to access generic
versions of those medicines - domestically or by importation - at much
cheaper prices.  ... A little discussed aspect of the government's
compulsory license is that certain Indian generic producers will be able
to supply Indonesia's purchase of Gilead's tenofovir + emtricitabiine
and tenofovir + emtricitabine + efavirenz because of smart provisions in
the Medicine Patent Pool's voluntary license with Gilead. Click here for
more. <http://infojustice.org/archives/27620> 


Could Pirate Romney Win/Have Won?


[Joe Karaganis] With the election around the corner, polls tied, and a
slow news week in the US, it's time to ask the question that's on
everyone's mind: could Mitt Romney win with some strategic repositioning
on copyright policy?  Could the answer be to embrace pirate Romney?
Let's explore. What do we know about Romney's views on intellectual
property?  Really just two things.  We know that he joined the roster of
anti-SOPA republicans last year when that seemed like the thing to do
("I'm standing for freedom").  And we know that he worries about China
stealing our IP.  And that's about it.  But it's more than it seems.
Click here for more. <http://infojustice.org/archives/27650> 


Boldrin and Levine: "The Case Against Patents"


[Excerpt from the full paper by Michele Boldrin and David K. Levine] The
case against patents can be summarized briefly: there is no empirical
evidence that they serve to increase innovation and productivity, unless
the latter is identified with the number of patents awarded - which, as
evidence shows, has no correlation with measured productivity. This is
at the root of the "patent puzzle": in spite of the enormous increase in
the number of patents and in the strength of their legal protection we
have neither seen a dramatic acceleration in the rate of technological
progress nor a major increase in the levels of R&D expenditure. Click
here for more. <http://infojustice.org/archives/27608> 






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