[Ip-health] IP Enforcement Roundup - May 23, 2011

Michael Palmedo mpalmedo at wcl.american.edu
Mon May 23 09:33:46 PDT 2011

UK Government-Commissioned Report Finds IP Framework a Barrier to
Innovative Industries, Recommends Changes


A "Review of Intellectual Property and Growth" by Cardiff University
Professor Ian Hargreaves, commissioned by UK Prime Minster Cameron in
2010, finds that "copyright law has started to act as a regulatory
barrier to the creation of certain kinds of new, innovative businesses."
The laws were largely crafted before the emergence of digital
technologies, which have driven large amounts of investment and growth
in the economy over the last two decades, but which are most susceptible
to the negative effects of inflexible IP laws.  An improved system would
incentivize licensing and lower associated transactions costs.
Hargreaves' recommendations include the establishment of a Digital
Rights Exchange, greater use of limitations and exceptions to copyright
within the EU framework, and a new exception "designed to build into the
EU framework adaptability to new technologies." Click here for more.


28 Senators Write Obama Urging Strong IP Provisions in the Trans Pacific


A group of 28 Senators has written President Obama urging his
administration to include "the highest level of IP protections" in the
Trans Pacific Partnership (TPP).  The Senators ask the administration to
base the TPP intellectual property provisions on the Korea-US Free Trade
Agreement and U.S. law.  They argue that establishing strong
intellectual property norms in the agreement is "particularly important
because the current participants intend it to be expanded in the future
to incorporate new members in Asia and beyond with markets that are
absolutely critical for U.S. exporters."  Click here for more
<http://infojustice.org/archives/3430> .  


Civil Society Platform on IP in the TPP


Eight civil society groups have released a platform on the IP and Health
content of the TPP.  It calls ex-officio border measures
"inappropriate," rejects a "one size fits all" regime for patent
validity, and warns against using the suggested retail price or
rightholder-submitted measurements of value in the determination of
damages for IP infringement.  It also calls for greater transparency in
the TPP than other recent trade negotiations, strong public health
safeguards on the patent and data exclusivity provisions, and the
exclusion of provisions on pharmaceutical pricing and reimbursement.
Click here for more. <http://infojustice.org/archives/3436>  


California Legislation to Allow Search and Seizure in Optical Disk
Plants without Warrant


California State Senator Alex Padilla has introduced legislation that
would authorize law enforcement to search optical disk plants "without
providing prior notice or obtaining a warrant." The police may seize
disks and any manufacturing equipment used to make illegal disks on a
commercial scale.  The L.A. Times reports that the bill "has sailed
through two state Senate committees, one unanimously and one by a 5-2
vote," but that Sen. Ron Calderon voted against it, citing
"constitutional concerns." Click here for more.


Operation of Homeland Security Seizes More Domain Names


DHS Immigration and Customs Enforcement (ICE) has seized more domain
names under Operation In Our Sites.  TorrentFreak has been tracking the
takedowns, and it reports that "Among the new targets are two sites that
linked to copyrighted films hosted on third party streaming sites."
Click here for more. <http://infojustice.org/archives/3454> 




May 16-24 - 64th World Health Assembly

May 25 - Senate Finance Committee Hearing on the U.S.-Panama Trade
Promotion Agreement

May 26 - Senate Finance Committee Hearing on the U.S.-Korea Free Trade

May 26 - e-Cornucopia 2011.  Oakland University.

June 7-8 - WTO TRIPS Council

June 14 - A Performance Right for Broadcasting: Will Radio Begin to Pay?
Sponsored by Broadband (IP) Breakfast

June 15-24 - Standing Committee on Copyright and Related Rights (WIPO)



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