[Ip-health] Infojustice Roundup - April 13, 2015

Michael Palmedo mpalmedo at wcl.american.edu
Mon Apr 13 12:38:55 PDT 2015

Infojustice Roundup 


USTR Backtracks on Commitments with Intellectual Property &
Investor-State Dispute Settlement Clause


[Sean Flynn] Last week I expressed my shock in seeing that the Trans
Pacific Partnership agreement proposes to expand (or at least clarify)
the ability of corporations to challenge intellectual property
limitations and exceptions in so called investor-state dispute
settlement (ISDS) tribunals. One source of that surprise came from my
recollection of repeated meetings with USTR negotiators who assured me
and others that ISDS forums were not intended to provide a means to
challenge intellectual property limitations and exceptions. Click here
for more. <http://infojustice.org/archives/34219> 


Legal Innovation in International Intellectual Property Relations:
Revisiting Twenty-One Years of the TRIPS Agreement


[Ruth Okediji] An explicit goal of the 1994 TRIPS Agreement was to
secure export markets for a wide variety of knowledge goods in which
industrialized countries had long held a competitive advantage. In more
fundamental terms, however, the TRIPS Agreement sought to reshape the
conditions of future global competition, particularly the extent to
which developing countries could use intellectual property (IP) as a
form of industrial policy in pursuit of strategic development
objectives. Twenty-one years later, the TRIPS Agreement has neither
confirmed the worst fears of developing countries nor accomplished the
greatest hopes of the developed ones. Instead, both sides have inserted
important points of adherence and resistance to the negotiated global IP
norms, thus destabilizing many of the Agreement's implicit political and
economic bargains. Click here for more.


What Is Patentable Under the TPP


[Burcu Kilic, Hannah Brennan and Peter Maybarduk] ... The United States'
most recent proposals for the TPP's intellectual property chapter would
require the majority of the negotiating parties to significantly alter
the scope of their intellectual property laws-changes that would raise
drug and crop costs, therein restricting access to affordable medicines
and foodstuffs. For those nations that have already aligned their
domestic laws with the TPP's intellectual property provisions, this
agreement would further ossify detrimental standards.  Click here for
more. <http://infojustice.org/archives/34245> 



U.S. Trade Officials Tell Business Representatives that IP Is One of
Last Remaining Issues in the TPP Negotiations


[Mike Palmedo] Inside U.S. Trade reports that an American trade
official, in a closed-door briefing with business representatives, "said
TPP countries have closed virtually all text issues except IP," but that
there are also remaining market access issues related to investment,
state-owned enterprises (SOEs), environment and government procurement.
Click here for more. <http://infojustice.org/archives/34235> 


Faith Based Intellectual Property


[Mark Lemley] Abstract: The traditional justification for intellectual
property (IP) rights has been utilitarian. We grant exclusive rights
because we think the world will be a better place as a result. But what
evidence we have doesn't fully justify IP rights in their current strong
form. Rather than following the evidence and questioning strong IP
rights, more and more scholars have begun to retreat from evidence
toward what I call faith-based IP, justifying IP as a moral end in
itself rather than on the basis of how it affects the world. I argue
that these moral claims are ultimately unpersuasive and a step backward
in a rational society. Click here for the full paper on SSRN.




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