[Ip-health] Infojustice Roundup - February 18, 2013
mpalmedo at wcl.american.edu
Mon Feb 18 10:28:35 PST 2013
Bowman v. Monsanto: Counsel for Parties and Amici to Participate in
Event About the Case at AU Washington College of Law
[PIJIP] The U.S. Supreme Court will hear arguments in Bowman v. Monsanto
tomorrow. In this case, the Court addresses whether the Federal Circuit
erred by (1) refusing to find patent exhaustion - a doctrine which
eliminates the right to control or prohibit the use of an invention
after an authorized sale - in patented seeds that were sold for
planting; and (2) creating an exception to the doctrine of patent
exhaustion for self-replicating technologies. As part of PIJIP's
ongoing series of events on Supreme Court intellectual property cases,
counsel for parties and amici will discuss Bowman v. Monsanto the
afternoon after the oral argument, addressing the reaction of the Court.
The event is open to the public, and it will be webcast live and
on-demand. Click here for more.
WHO/WIPO/WTO report on Promoting Access to Medical Technologies and
Innovation: Article 39.3 and the cost-sharing approach
[Thiru Balasubramaniam] On Tuesday, 5 February 2013, the Secretariats of
WHO, WIPO, and WTO released their joint publication, Promoting Access to
Medical Technologies and Innovation: Intersections between public
health, intellectual property and trade... This piece seeks to highlight
the trilateral report's treatment (pages 63-66, 75) of Article 39.3 of
the TRIPS Agreement which is detailed in Chapter II(B)(1). Chapter II is
titled "The policy context for action on innovation and access, and
section B(1) deals with "intellectual property systems". In particular,
the report emphasizes that data exclusivity is not a requirement of the
TRIPS Agreement, and briefly discusses the concept of cost-sharing as an
alternative approach to implementing Article 39.3. Click here for more.
As Korea Implements Fair Use, Two Cases Offer Precedent for Flexible
Copyright Exceptions and Limitations
[Jaewoo Cho] In 2012, the Korean Copyright Act was amended to include
the general provision of a fair use for the effectuation of the U.S. -
Korea FTA. The newly introduced article 35-3 (Fair Use of Copyrighted
Material) states that "the copyrighted work may be used, among other
things, for reporting, criticism, education, and research." (emphasis
added). Article 35-3.2 lists factors to be used to determine if a use is
fair, which are very similar to the fair use factors listed in section
107 of the U.S. Copyright Act. The Korean fair use provision does not
have a precedent yet, but there are some cases concerning Article 28
which could have an impact on the fair use analysis. Click here for more
Indian Users' Perspective On WIPO Negotiations On Treaty For Visually
[Catherine Saez, IP Watch] South-East Asia is host to one-third of the
world's 39 million blind people. Over 20 million live in India alone.
This week's special session of the World Intellectual Property
Organization aims to clean up the text of an international treaty to
facilitate access to books for the blind and visually impaired
community. It is thus of prime importance for India, and some there
worry that issues such as commercial availability could undermine the
treaty's effectiveness. Click here for the full story on IP-Watch.
Fair Access to Science and Technology Research Act Introduced in U.S.
House and Senate
[Mike Palmedo] Last week the Fair Access to Science and Technology
Research ACT (FASTR) was introduced in both the U.S. House and Senate.
The legislation requires federal agencies that fund research to develop
a "public access policy" for federally funded academic papers. The
policies required by the bill would provide for "free online public
access to such final peer reviewed manuscripts or published versions as
soon as practicable, but not later than 6 months after publication in
peer-reviewed journals; [and] providing research papers ... in formats
and under terms that enable productive reuse, including computational
analysis by state-of-the-art technologies." Click here for more.
Creative Commons Canada Participates in the Open Government Licence
[Posted on creativecommons.ca, CC-BY] In response to the Government of
Canada's call for comments on the Proposed Open Government Licence
Agreement, Creative Commons Canada submitted the feedback posted below.
The government plans to apply this licence to many of the hundreds of
thousands of copyrighted works that it shares with the Canadian public.
We feel it is important that the government ensures its licence is
"Creative Commons friendly" so that everyone may enjoy these public
materials and freely remix them with existing Creative Commons works.
Our commentary adds our voice to other excellent feedback from the Open
Definition Advisory Council, Herb Lainchbury and Teresa Scassa. Click
here for more. <http://infojustice.org/archives/28519>
US-EU Working Group and Senate Finance Committee on IPRs in the Upcoming
Transatlantic Trade and Investment Partnership
[Mike Palmedo] The report of the US-EU High Level Working Group on Jobs
and Growth has released its final report, which recommends the
negotiation of a trade agreement between the two. The report
specifically recommends "a comprehensive agreement that addresses a
broad range of bilateral trade and investment issues, including
regulatory issues, and contributes to the development of global rules."
The Working Group has seemed hesitant to call for IP negotiations as
part of the agreement, but others are signaling that they want the
agreement to include new IP protections. Click here for more.
Comparative tables of data exclusivity and patent linkage provisions in
TPP and US FTAs
[Public Citizen] Please find links to new tables by Burcu Kilic at
Public Citizen's Global Access to Medicine Program that compare patent
linkage and data exclusivity provisions in U.S. Free Trade Agreements
and the U.S. proposal to the Trans Pacific Partnership Agreement. Data
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