[Ip-health] Infojustice Roundup

Michael Palmedo mpalmedo at wcl.american.edu
Mon Aug 20 15:07:12 PDT 2012

Infojustice Roundup  


A Comparative Table of Brazilian Copyright Reform Draft Bills


[by Pedro Mizukami] The following note explains the contents of the
table attached to the blog post:  The WIPO translation was used for the
current law (column 1).  Except in a couple of passages, the text of the
WIPO translation was transposed to that of the new proposals every time
the draft language followed the current legislation. The translations
for the four versions of the copyright reform draft bill here presented
(columns 2-4) are only meant to roughly convey the substance of the
proposals. While great care has been taken, the translations might in
some cases be inadequate or insufficient. Please check the translations
against the original text of each proposal, provided below in a separate
table. Click here for more. <http://infojustice.org/archives/26900> 


TPP Patent Requirements vs. NAFTA and the Domestic Laws of Canada and


[by Jimmy Koo] As Canada and Mexico prepare to enter the Trans Pacific
Partnership negotiations, there is interest in how their intellectual
property laws would need to change to adhere to the requirements found
in the leaked text.  The following is a brief comparison of 1) their
patent and data protection laws to the leaked texts, and 2) a comparison
of the TPP leaked text with NAFTA requirements.  It shows that the TPP
would require Canada and Mexico to alter their domestic laws to allow
patents on more types of subject matter (ie - new uses in Mexico and
method patents in Canada), and would require patent extensions beyond
the 20 year limit in Canadian and Mexican law. Click here for more.


Green Parties in Australia, New Zealand, and Canada Criticize IP
Provisions in the TPP


[Excerpt from Joint Statement] "We believe the TPPA is being used to
sneak in measures to bind its member countries to extensive and harsh
laws on Internet use that wouldn't be acceptable at the domestic level -
including harsher criminal penalties for minor, non-commercial copyright
infringements, a 'take-down and ask questions later' approach to pages
and content alleged to breach copyright, and the possibility of Internet
providers having to disclose personal information to authorities without
safeguards for privacy." Click here for more.


UK Man Sentenced to Four Years in Prison for Website that Linked to
Copyrighted Content


Anton Vickerman has become the first man in Great Britain to be
sentenced to prison for owning a website that linked to content hosted
elsewhere on the internet.  His website, Surfthechannel.com, did not
host infringing content, so Vickerman was not charged with infringement.
Rather, he was charged with two counts of conspiracy to facilitate
copyright infringement.  His prosecution was pursued by the anti-piracy
group Federation Against Copyright Theft (FACT), and Vickerman was found
guilty in June. Click here for more.


Indian Supreme Court to Hear Novartis Case Against Section 3(d) of the
Patents Act


The Indian Supreme Court will begin final arguments in Novartis'
challenge of Section 3(d) of the country's patent law.  In 2006, the
Patent Office rejected Novartis' patent application for the cancer drug
imatinib mesylate (sold under the brand name Glivec), finding that the
drug was a new salt formulation of a known drug, and therefore
unpatentable under Indian Law.  Section 3(d) of the Indian Patents Act
specifies that patents cannot be granted for "the mere discovery of a
new form of a known substance which does not result in the enhancement
of the known efficacy of that substance..."  Novartis has asked that
court to endorse a broad interpretation of the word "efficacy" that
would include its product.  Click here for more.


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