[A2k] Infojustice Roundup - November 28, 2011

Michael Palmedo mpalmedo at wcl.american.edu
Mon Nov 28 12:51:06 PST 2011

Infojustice Roundup 
Intellectual Property and the Public Interest


European Court of Justice: ISPs Cannot Be Forced to Block Infringing
Content on P2P Sites


In 2007, Belgian internet service provider Scarlet Extended was ordered
to install a filtering system to detect and block the sharing of files
that violated copyrights managed by SABAM (a collection society).  The
case was appealed to the European Court of Justice, which held that the
injunction was incompatible with EU law.  In a press release, the Court
said: "EU law precludes the imposition of an injunction by a national
court which requires an internet service provider to install a filtering
system with a view to preventing the illegal downloading of files. Such
an injunction does not comply with the prohibition on imposing a general
monitoring obligation on such a provider, or with the requirement to
strike a fair balance between, on the one hand, the right to
intellectual property, and, on the other, the freedom to conduct
business, the right to protection of personal data and the freedom to
receive or impart information." Click here for more.


Indian Supreme Court to Hear Arguments In Case Over Section 3(D)


The Indian Supreme Court will hear arguments in Novartis v. Union of
India on November 29.  The case centers around Section 3(D) of India's
Patents Act, which prohibits the patenting of a "new form of a known
substance which does not result in the enhancement of the known efficacy
of that substance."  In 2006, Novartis was denied a patent on the
anti-cancer drug imatinib mesylate on the grounds that it was a new form
of an existing drug.  The company unsuccessfully challenged the
Constitutionality of Section 3(D), and it lost an appeal of denial of
its the patent application.  Novartis is now asking the Supreme Court to
interpret the definition of "efficacy" in a way that would include
increases in bioavailabiliy, rather than the more stringent definition
of "therapeutic effect in healing a disease," which was applied by the
Madras High Court.  Click here for more.


SOPA Markup Scheduled for Dec. 15 As Opposition to the Bill Grows


The Stop Online Piracy Act is scheduled for markup in the House
Judiciary Committee on December 15.  An aide to Rep. Lamar Smith
(sponsor of the bill and Chairman of the Committee) told the Washington
Post "He is open to changes but only legitimate changes. Some sites are
totally capable of filtering illegal content, but they won't and are
instead profiting from the traffic of illegal content." Meanwhile,
opposition has been growing among tech firms and ordinary citizens.
Click here for more. <http://infojustice.org/archives/6248> 


ICTSD Paper on the Implementation of IP Obligations in Trade Agreements


The International Center for Trade and Sustainable Development has
published a new issue paper, The Influence of Preferential Trade
Agreements on the Implementation of Intellectual Property Rights in
Developing Countries, by Ermias Tekeste Biadgleng and Jean-Christophe
Maur. The authors find that after countries ratify trade agreements with
the US and the EU,  they often face additional pressure to implement
very strong interpretations of their obligations. After legislation is
passed, countries are pushed to strengthen IP further. The authors warn
that developing countries often do not take advantage of flexibilities
available to them under the terms of the agreement.  Further research is
needed to develop recommendations for implementing intellectual property
obligations in trade agreements, and to estimate the costs that
implementation will have for the countries implementing them. Click here
for more. <http://infojustice.org/archives/6232> 


WIPO Committee Debates Limitations and Exceptions to Copyright


WIPO's 23rd session of its Standing Committee on Copyright and Related
Rights is taking place in Geneva November 22 - December 2.   The session
is debating a treaty on limitations and exceptions on libraries and
archives; another on limitations and exceptions for visually impaired
people; and the protection of related rights for broadcasting
organizations. The Secretariat has published two working documents that
are under discussion:  "Working Document on an International instrument
on Limitations and Exceptions for Persons with Print Disabilities" and a
"Draft Compilation on Limitations and Exceptions for Libraries and
Archives." Click here for more. <http://infojustice.org/archives/6254> 


FFII: Dutch parliament refuses ACTA secrecy


The Foundation for a Free Internet Infrastructure reports that the Dutch
Parliament "decided it will not take ACTA into consideration unless all
ACTA negotiation texts are published."  The move was proposed by
Committee of Economic Affairs, Agriculture and Innovation Member Kees
Verhoeven and adopted by a majority of the full House of
Representatives. It notes that the treaty would require changes to Dutch
law on copyright and internet freedoms, but the secrecy in place
prevents the legislature from consulting experts and informing the
public about the consequences of changes necessitated by ACTA. Click
here for the full blog on ffii.org. <http://acta.ffii.org/?p=924> 


Request for Comments on the Public Interest Analysis of the US TPP


Margot Kaminski (Yale Information Society Project), Brook Baker
(Northeastern University) and Jimmy Koo and Sean Flynn (PIJIP) have
released a draft section by section analysis of the leaked U.S.
proposals for intellectual property and pharmaceutical pricing chapters
for the Trans-Pacific Free Trade Agreement (TPP). To help ensure that or
analysis is as complete and accurate as possible, they are releasing our
preliminary findings in draft form for public comment. Comments will be
accepted through 5pm tomorrow evening.  Click here for more.


Call for Papers: Toward a Positive Agenda in International Intellectual
Property Law


American University's PIJIP is seeking contributions to its online
Working Paper Series and for a Focus Issue of the American University
International Law Review. The theme of the joint publication series is
on promoting the public interest in international or comparative
intellectual property law. Submissions will be considered for both
publications. The topic for this paper series flows from the growing
recognition of the public interest dimension of intellectual property as
a paramount concern in international law making. Though there seems to
be a fairly broad agreement on the need for a more balanced intellectual
property system which effectively promotes innovation and creativity,
there has been insufficient attention to mapping specific policy
proposals and justifications that may animate this agenda.  Click here
for more. <http://infojustice.org/archives/5670> 


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