[Ip-health] Infojustice Roundup - July 29, 2013

Michael Palmedo mpalmedo at wcl.american.edu
Mon Jul 29 06:53:41 PDT 2013

Infojustice Roundup


The Question of Patent Eligible Subject Matter and Evergreening


[Burcu Kilic and Luigi Palombi] Over the past few years, patent-eligible
subject matter has become one of the hotly debated areas of patent law
in several countries. Even in the U.S., the Supreme Court is beginning
to express concerns about overly inclusive patent rules that stifle both
competition and follow-on innovation.  However, significant confusion
persists over the difference between patent eligible subject matter and
patentability requirements. Patent eligibility tests have proven quite
difficult to apply, often leading to inconsistent and unpredictable
results. Click here for more. <http://infojustice.org/archives/30314> 


Treatment Action Campaign Open Letter to USTR Regarding Concerns with US
Pressure to Restrict India's Generic Medicines Industry


[TAC] The Treatment Action Campaign (TAC) of South Africa is extremely
concerned with recent attempts by the US government to discourage and
curb the globe's supply of affordable generic medicines available from
India. Specifically, we object to the placement of India on the US
'Special 301 Watch List' over objections to the country's intellectual
property system, as well as subsequent condemnation from Members of
Congress stemming from US pharmaceutical industry pressure, and attempts
by a group of US commercial businesses (under the banner of 'Alliance
for Fair Trade with India') to influence Vice President Biden's current
meetings in India. Click here for more.


Setting the Record Straight on Fair Use in the U.S.


[Gwen Hinze, Peter Jaszi, and  Matthew Sag] Our submission provides a
brief overview of the U.S. experience of the fair use doctrine since its
partial codification in the Copyright Act of 1976 and responds to some
specific issues raised in an earlier submission to the Australian Law
Reform Commission by the Kernochan Center for Law, Media and the Arts.
Gwen, Peter and I were concerned that the Kernochan Report's
representation of American experience of fair use was incomplete and
potentially misleading. We wrote this submission to provide the ALRC
with a different perspective. Click here for more.


Civil Society Endorsement of Brazilian Patent Legislation Available in
English, Spanish, and Portuguese: Open for Endorsements


[Mike Palmedo] Earlier this month, Brook Baker posted a Civil Society
Statement in support of an upcoming Brazilian legislative proposal that
would make greater use of TRIPS flexibilities to promote access to
medicines.  The legislation will be introduced in August and it will
"eliminate patent term extensions and data exclusivity, restrict patents
on new forms and new uses and tighten the the inventive step requirement
(following the India example), adopt government use procedures, and
clarify the role that ANVISA, its drug regulatory agency, plays in the
patent examination system." The statement is open for endorsement from
civil society groups.  Marcela Vieira from the Brazilian
Interdisciplinary Aids Association has translated the statement into
both Spanish and Portuguese. Click here for more.


Related: Academics Letter and Brief Technical Review


Finland Writes History With Crowdsourced Copyright Law


[Ernesto]  Finland is the first country in the world in which Parliament
will vote on a "fairer" copyright law that has been crowdsourced by the
public. The proposal, which obtained the required 50,000 Finnish votes
just a day before the deadline, seeks to decriminalize file-sharing and
legalize the copying of items that people already own. Click here for
more. <http://infojustice.org/archives/30299> 


Intellectual Property Rights, Quality of [Formal] Institutions, and
Foreign Direct Investment into Developing Asia


[Minsoo Lee and Donghyun Park] Developing Asian countries are
strengthening their intellectual property rights (IPR) regime as they
themselves become producers of intellectual property. At the same time,
developing Asia has attracted large amounts of foreign direct investment
(FDI) and this trend is expected to continue in light of the region's
strong growth prospects. In this paper, we explore the relationship
between IPR and FDI in developing Asia. To do so, we develop a
theoretical model which predicts that stronger IPR protection attracts
more FDI in countries with small informal economies - i.e., strong
institutions - but not in countries with large informal economies -
i.e., weak institutions. Our empirical analysis, based on a threshold
effect model, yields some evidence which supports our theoretical model.
Click here for the full paper on SSRN.com.


The Gray Zone: Networks of Piracy, Control, & Resistance


[Burcu S. Bakioglu] Abstract: Taking Operation Payback and the broader
context provided by The Pirate Bay as a point of reference, this article
considers the role of network-based initiatives in shaping the digital
rights movement. I argue that the said operation is a significant
milestone in copyright wars because it single-handedly exposed the
formal and informal, legal and extralegal strategies that have
crystallized into an intricate business model around intellectual
property. In so doing, the operation demonstrated that like the piracy
efforts it is trying to eradicate, the anti-piracy industry operates on
shaky legal, ethical, and economic grounds. Put succinctly, copyright
wars generate a gray zone comprising of a network of stakeholders with
both complementary and conflicting agendas. As a result, Operation
Payback not only mobilized an unprecedented support for the digital
rights movement, but also provided a framework through which
copyright-related activities of Anonymous could be understood. Click
here for the full paper on SSRN.com



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