[Ip-health] Infojustice Roundup - June 11, 2012

Michael Palmedo mpalmedo at wcl.american.edu
Mon Jun 11 13:50:37 PDT 2012

Infojustice Roundup 
Intellectual Property and the Public Interest


Colombian Senators File Two Lawsuits Against Copyright Bill Passed to
Comply with US-Colombia FTA 


Sens. Jorge Enrique and Camilo Robeldo have filed two lawsuits against
Law 201, a copyright law introduced and passed over a two week period
last May.  Law 201 (known popularly as Ley Lleras 2) changes copyright
law in Colombia in order to meet the requirements of the U.S.-Colombia
FTA.  The lawsuits allege that the law unjustifiably restricts the
rights of Internet users to access and disclose information, and that it
violates Colombia's Constitutional right to privacy. Click here for
more. <http://infojustice.org/archives/26337> 


U.S. Trade Representative Ron Kirk Response to TPP Transparency Letter
from Law Professors


On May 9, 2012  over 30 legal scholars sent a letter to United States
Trade Representative Ron Kirk calling on the Administration to expand
participation and transparency in the negotiations for the Trans Pacific
Partnership.  The letter specifically called for the administration to
work to give the general public the same rights to see US proposals in
the negotiation as cleared corporate advisers now have. USTR sent an
initial response the day it was received, and now has followed it with a
formal letter dated May 30 from Ambassador Ron Kirk. Click here for the
response. <http://infojustice.org/archives/26312>  


RIAA Suggestions for ACTA that Are Re-Appearing in the TPP


A new post by Jimmy Koo shows specific RIAA Suggestions for the
Anti-Counterfeiting Trade Agreement (ACTA) that were edited out of ACTA
during the negotiating process, but have reappeared in the leaked U.S.
proposal for the IP Chapter of the TPP.  Provisions include criminal
sanctions for copyright infringement on a commercial scale that are not
undertaken with a financial incentive, and the seizure of assets
"traceable to" infringing activity.  Click here for more.


TPP IP Chapter Becoming a "Problem" in Australia


[by Sean Flynn] There are increasing reports that the IP chapter of the
Trans-Pacific Partnership Agreement is being perceived as a problem by
some officials in Australia. At a government briefing of media
stakeholders yesterday, an official of the Department of Foreign Affairs
and Trade (DFAT) in Canberra noted to one participant: 'You're lucky
you're in the Services chapter...  the IP chapter is a real problem.'
Click here for more. <http://infojustice.org/archives/26332> 


European "Informal Deal" on Orphan Works


The European Parliament has announced an "informal deal" that it says
will allow greater access to orphan works.  According to the
announcement "According to the agreed text, a work would be deemed to be
orphan if, after a 'diligent' search made in good faith, it was not
possible to identify or locate the copyright holder. The draft
legislation lays down criteria for carrying out the search. Works
granted orphan status would be then made public, through digitisation
and only for non-profit purposes."  MEPs did agree that rightholders who
claim works after their placement into the public domain should receive
compensation, but the deal includes "a provision to protect public
institutions from the risk of having to pay large sums to authors who
show up later." Click here for more.


China Revises Law to Facilitate Compulsory Licenses for Generic


China has revised its legal framework to promote compulsory licenses for
patented medicines to meet public health needs.  The government is
considering issuing a compulsory license for tenofovir, a medicine
recommended for first line treatment of HIV/AIDS, which is sold under
the brand name Viread by Gilead.   As reported by Reuters, the Chinese
chemical firms export many of the active pharmaceutical ingredients used
by branded pharmaceutical firms, which then "sell the patented finished
products back to China at prices which the average Chinese citizen often
cannot afford." Click here for more.



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