[Ip-health] Infojustice Roundup - June 25, 2012

Michael Palmedo mpalmedo at wcl.american.edu
Mon Jun 25 12:23:24 PDT 2012

Infojustice Roundup - June 25, 2012



Canada and Mexico Invited to Join the TPP Negotiations with Conditions;
Obligations Conflict with Canadian Copyright Legislation


Last week, Canada and Mexico were both invited to join the negotiations,
under the condition that they accept all of the provisions already in
place by the time they formally join the negotiations later this year.
(USTR cannot begin formal negotiations with Mexico and Canada until the
end of a 90 consultation period, during which time it will solicit
public input).   Prof. Michael Geist noted in a blog last week that much
of the copyright legislation recently passed by the Canadian legislature
would conflict with likely TPP obligations: "the leaked TPP draft
requires an extension of the term of copyright, new statutory damages
provisions that would undo the C-11 approach, even tougher digital lock
rules than those found in the bill, and new Internet provider liability
provisions." Click here for more.


Fifth European Parliament Committee Votes to Reject ACTA - Full
Parliament Votes Wednesday


On June 21, the EP Committee on International Trade (INTA) voted to
19-12 to recommend that the full Parliament reject ACTA.  It formally
adopted David Martin's draft report on the agreement, which advises the
Parliament to decline to give its consent to ACTA, noting that "intended
benefits of this international agreement are far outweighed by the
potential threats to civil liberties. Given the vagueness of certain
aspects of the text and the uncertainty intended benefits of this
international agreement are far outweighed by the potential threats to
civil liberties." The full Parliament votes on ACTA on July 3. Click
here for more. <http://infojustice.org/archives/26428> 


EFF Launches Project to Change the Law of Software Patents


The Electronic Frontier Foundation has launched defendinnovation.org, a
project aimed at promoting seven specific reforms to the patent system:
"1) A patent covering software should be shorter - no more than five
years from the application date; 2) If the patent is invalid or there's
no infringement, the trolls should have to pay the legal fees; 3) Patent
applicants should be required to provide an example of running software
code for each claim in the patent; 4) Infringers should avoid liability
if they independently arrive at the patented invention; 5) Patents and
licenses should be public right away. Patent owners should be required
to keep their public records up-to-date; 6) The law should limit damages
so that a patent owner can't collect millions if the patent represented
only a tiny fraction of a defendant's product; 7) Congress should
commission a study and hold hearings to examine whether software patents
actually benefit our economy at all." For more, see defendinnovation.org


CCIA Study Shows European Court Rulings Leading to Greater ISP Liability
Had a Negative Effect on Venture Capital Funding of New Companies


Last week, the Computer and Communications Industry Association
published "The Impact of Copyright Policy Changes in France and Germany
on Venture Capital Investment in Cloud Computing Companies," by Josh
Lerner. The report finds that investment by venture capital firms in
these two markets declined after court decisions that imposed copyright
liability on companies providing online services: "Our results suggest
that these rulings led to an average reduction in VC investment in
French and German cloud computing firms of ...  of $87 million after
these rulings through the end of 2010. When paired with the findings of
the enhanced effects of VC investment relative to corporate investment,
this may be  the equivalent of $269.7 million in traditional R&D
investment."  Therefore, "decisions around copyright scope can have
significant impacts on investment and innovation." Click here for the


BIO Study on the Link between IPRs and Innovation


The Biotechnology Industry Organization (BIO) has released a new study
that explores the link between intellectual property and Foreign Direct
Investment (FDI).  "Taking Stock: How Global Biotechnology Benefits from
Intellectual Property Rights" argues that stronger intellectual property
protection has helped attract investment into middle income countries
since 1980. It does not describe other economic changes that have
occurred in emerging markets in the past three decades that could
influence foreign investment. The study does not address the effect of
TRIPS-Plus intellectual Property provisions such as data exclusivity,
linkage, or the patenting second uses of known subject matter - despite
BIO's lobbying for these provisions in the Trans Pacific Partnership and
through the Special 301 process. Click here for more.




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