[A2k] Infojustice Roundup - December 23, 2013

Michael Palmedo mpalmedo at wcl.american.edu
Mon Dec 23 08:08:59 PST 2013

Infojustice Roundup 


Update: 200 People Sign Global Congress Declaration on Public Interest
Principles for International IP Negotiations


[Mike Palmedo] To date, 200 people from around the world have signed the
Third Global Congress Global Congress Declaration on Fundamental Public
Interest Principles for International Intellectual Property
Negotiations. The Declaration, drafted at the recent Global Congress in
Cape Town, South Africa, calls for "a positive agenda in international
intellectual property law making" which would include a more open
negotiating process, respect for stakeholders' social and economic
welfare, and preserve states' freedoms to protect access to knowledge
goods.  The full declaration and the initial signatures are below. Click
here for more. <http://infojustice.org/archives/31804> 


Broadcasting Treaty Moving At WIPO; Library Copyright Exceptions Slower 


[Catherine Saez] After a week of work on the three current subjects of
the World Intellectual Property Organization copyright committee, member
states mostly made progress on a potential treaty to protect
broadcasting organisations, while exceptions and limitations to
copyright for libraries, archives, education and research remain in the
stage of determining broad concepts. Click here for the full story on IP


Polish Copyright Law in Transition: On Social Norms Related to Content
Usage-New Survey Report


[Katarzyna Rybicka]  In December 2013 Centrum Cyfrowe has accomplished
two-year research project on copyright law and social norms related to
content usage. The main purpose of the study was to provide reliable
knowledge about what people today think on issues related to copyright.
What is permitted, and what is not? What is right, and what is wrong? We
thus give a voice to users - a group that in the debate on copyright is
usually ignored. Click here for more.


The Cell Phone Unlocking Saga


[Jonathan Band] On March 4, 2013, the White House announced that it
disagreed with the decision of the Librarian of Congress not to allow
consumers to unlock their cell phones to access other mobile networks.
The White House took this position in response to a "We The People"
petition that gained over 114,000 signatures. With legislation to
address this issue pending in Congress, the five largest mobile carriers
on December 12, 2013, adopted a voluntary commitment to allow cell phone
unlocking after the expiration of a service contract. While this
voluntary commitment provides some benefit to consumers, a comprehensive
legislative solution may be precluded by the free trade agreements to
which the United States is a party. This paper examines the legal
background of this matter. Click here for more.

The Implementation of Exhaustion Policies Lessons from National


[Shubha Ghosh]  The concept of the exhaustion, which determines the
point at which the IPRs holder's control over the good or service
ceases, is the subject of increased attention by policymakers and courts
in different countries. It was, in particular, at the centre of two
recent United States Supreme Court decisions (Kirtsaeng v. John Wiley &
Sons and Bowman v. Monsanto). While the TRIPS agreement (Article 6)
leaves WTO Members the latitude to adopt their own exhaustion regime
(national, regional or international), regional and bilateral trade
agreements are increasingly placing limitations on the ability of
developing countries to do so. Click here for more.


Analysis of Territorial Access Issues in the MPP/BMS Atazanavir License


[Brook Baker] On December 11, the Medicines Patent Pool announced a new
licensing agreement for a 2013 WHO recommended second-line
antiretroviral, atazanavir (ATV).  At this point, it is important for IP
activists, generic companies, and countries to understand both the
express territorial coverage of the license (110 countries) and its
"effective" territorial coverage as well (144 countries plus the
possibility of compulsory licensing expansion).  Because royalty
payments are actually limited to situations where granted patents are in
effect - and with some exceptions even then, it is also important to
identify the limited circumstances where royalties will be imposed.
Finally, it is important to analyze some of the licensed or patent-free
availability or ritonavir or cobicistat for co-formulated boosting.
Click here for more. <http://infojustice.org/archives/31761> 


EC Trade Negotiators and Industry Discuss How to 'Re-Educate' Public
About Intellectual Property Rights (talk about employment)


[Mike Palmedo] The EU Greens have sent around a first-hand account of a
December 5 meeting between trade officials including Velasco Martins
(the EC's top negotiator for IP in TTIP), and lobbyists from
"TimeWarner, Microsoft, Ford, Eli Lilly, AbbVie (pharmaceutical,
formerly Abbott) and the luxury conglomerate LMVH. The participant list
also included representatives from Nike, Dow, Pfizer, GE, BSA and Disney
- among others." There is a lot of interesting stuff in the account,
including the statement that the Commission has "received 'quite a
Christmas list of items' on IP from corporate lobbyists and that they
are working to implement this list. The list has already been discussed
with the US in several meetings, in person as well as online." Click
here for more. <http://infojustice.org/archives/31791> 


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