[A2k] Infojustice Roundup - January 30, 2012

Michael Palmedo mpalmedo at wcl.american.edu
Mon Jan 30 14:19:35 PST 2012

Infojustice Roundup - January 30
Intellectual Property and the Public Interest


Public Interest Organizations Address Negotiation of Trans Pacific
Partnershp in Los Angeles


This week, Trans Pacific Partnership negotiators are holding a
closed-door "mini-ministerial" on intellectual property in Los Angeles.
This morning, civil society groups held a briefing at the University of
Southern California to describe the impact of US-proposed IP provisions
in the agreement.  The first panel examined copyright provisions and
their effect on internet, consumers, and innovative technology
companies, featuring speakers from EFF, Knowledge Ecology International,
the University of Ottawa and the tech industry.  The second panel
examined their impact on access to medicine and economic development,
with speakers from MSF, Public Citizen, Health GAP and CPATH.  To view
the webcast and to download the speakers' presentations, click here.


SOPA and Its Implications for the Trans Pacific Partnership


By Jonathan Band: The controversy in the United States over the Stop
Online Piracy Act (SOPA) has profound implications for the Trans Pacific
Partnership (TPP) agreement. The SOPA debate underscores the importance
of striking the proper balance in intellectual property laws to promote
creativity and innovation. It demonstrates that over-protection can
stifle free expression and the effective operation of the Internet as a
medium of communication and commerce, not only within a jurisdiction,
but also extraterritorially. Additionally, the debate reveals the
ability of the Internet community to mobilize quickly to defeat policies
that it believes threaten its existence. TPP negotiators should
understand the SOPA experience to avoid repeating its mistakes. Click
here for more. <http://infojustice.org/archives/7546> 


EU Signs the Anticounterfeiting Trade Agreement Amid Protests and
Growing International Opposition 


The European Union signed the Anticounterfeiting Trade Agreement (ACTA)
on January 26. ACTA will require ratification by the EU Parliament to
take effect, and the Parliament will debate it in June - ratification is
not guaranteed.  Last week, EU Rapporteur for ACTA Kader Arif resigned
in protest over the signing. He released a statement saying "I condemn
the whole process which led to the signature of this agreement: no
consultation of the civil society, lack of transparency since the
beginning of negotiations, repeated delays of the signature of the text
without any explanation given, reject of Parliament's recommendations as
given in several resolutions of our assembly."  In Poland and France,
thousands of people in multiple cities attended street protests against
ACTA.  In the U.S., Representative Darrell Issa called ACTA "more
dangerous than SOPA," and Harvard Professor Yochai Benkler suggested
that "we need a law that would prohibit secret negotiation of IP-related
provisions in international agreements." Click here for more.


PIJIP Working Paper - Settlement of India/EU WTO Dispute re Seizures of
In-Transit Medicines: Why the Proposed EU Border Regulation Isn't Good


AUTHOR: Brook Baker.  ABSTRACT: European Customs officials have used
fictive patent rights to justify the seizure of lawful generic medicines
produced in India and destined for non-European markets. Following a
public outcry and initiation of two WTO complaints, the EU has proposed
amendments to Border Regulations Measure 1383/2003. The Proposed Border
Regulation, in its current form, will not adequately resolve the risk of
interception in Europe of medicines lawfully manufactured and exported
from India and destined for lawful import and consumption in a non-EU
country. Click here for more. <http://infojustice.org/archives/7499> 


Kenyan Counterfeiting Bill Challenged 


On January 24, petitioners challenging the constitutionality of Kenya's
anticounterfeiting law presented their case before the High Court.
According to Health Action International, the petitioners argued that
"the Kenyan law should be declared unconstitutional on the grounds that
it infringes on their right to health by giving a broad definition and
interpretation on what constitutes counterfeit medicines in a manner
that affects access to more affordable generic medicines."  The court is
expected to issue a verdict on March 9.  Click here for more.


Association of Research Libraries Releases Code of Best Practices in
Fair Use for Academic and Research Libraries


The Association of Research Libraries (ARL) has released a "clear and
easy-to-use statement of fair and reasonable approaches to fair use
developed by and for librarians who support academic inquiry and higher
education. The Code ... deals with such common questions in higher
education as: When and how much copyrighted material can be digitized
for student use? And should video be treated the same way as print? How
can libraries' special collections be made available online? Can
libraries archive websites for the use of future students and scholars."
Click here for more. <http://infojustice.org/archives/7580> 



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