[Ip-health] Infojustice Roundup - March 26, 2012

Michael Palmedo mpalmedo at wcl.american.edu
Mon Mar 26 13:35:09 PDT 2012

Infojustice Roundup 
Intellectual Property and the Public Interest


Federal Research Public Access Act attracts two dozen additional


Twenty four additional Representatives have cosponsored the Federal
Research Public Access Act, (FPRAA, H.R.4004), introduced by Rep. Doyle
on February 9.  The bill would require Federal Agencies to collect
digital copies of peer-reviewed journal articles that result from
research supported by their grants, to create and maintain a stable
digital repository containing the articles, to make them publicly
accessible online, and to produce an online bibliography of all the
publicly accessible papers. Companion legislation in the Senate, S.2096,
was introduced by Sen. Cornyn and cosponsored by Sen. Hutchison and Sen.
Wyden. Click here for more. <http://infojustice.org/archives/9085> 


Colombian government attempts to implement copyright reform in three


By Carolina Botero, March 22: Yesterday, the Colombian Executive
introduced a draft law it says is required to implement its obligations
under the Colombia-US Free Trade Agreement. The Congress has been called
upon to do the necessary paperwork in three weeks to have the law in
place before President Obama visits Cartagena in mid-April. ...the
Executive wants the Congress to adopt their draft bill proposal
implementing the FTA word by word. We as civil society have warned that
"the devil is in the details."  ...the Government has chosen to avoid
any public discussion that might force them to do a complete reform of
the outdated Colombian copyright regime, especially regarding exceptions
and limitations. Such reform ought to be openly discussed within our
society, and with data on the current situation of the country.  Click
here for more. <http://infojustice.org/archives/9130>  [Also, see the
open letter to the Colombian Congress
<http://infojustice.org/archives/9220> ]


Wyden offers amendments on ACTA and TPP


Sen. Wyden proposed two amendments relating to IP and trade policy to
the Jumpstarting Our Business Sector Act (JOBS Act).  The first states
that "the President may not accept, or provide for the entry into force
with respect to the United States of, any legally binding trade
agreement that imposes obligations on the United States with respect to
the enforcement of intellectual property rights, including the
Anti-Counterfeiting Trade Agreement, without the formal and express
approval of Congress." The second requires USTR to post on its website
within 30 days every document tabled in previous negotiations that
describes "a position of, or proposal made by, the United States with
respect to intellectual property, the Internet, or entities that use the
Internet, including electronic commerce."  Going forward, USTR would be
required to post these documents online within 24 hours of their being
shared with negotiating partners. Click here for more.


ACTA debate continues in European Parliament 


Today, the European Parliament Committee on Civil Liberties, Justice,
and Home Affairs held a debate on ACTA.  Tomorrow, the debate will move
to the Committee on International Trade. In advance of the hearings,
civil society groups wrote Parliament, warning that the upcoming
European Court of Justice review will not address the conflict between
ACTA and fundamental rights.  Click here for more.


Indian high court to hear arguments in Novartis case


On Wednesday, the Indian Supreme Court will hear arguments in Novartis'
challenge to India's patent law.  In 2006, the Indian Patent Office
rejected Novartis' patent application for the cancer drug Glivec
(imatinib mesylate), saying 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.  Public health NGOs have
warned that the Indian generic industry - which provides the vast
majority of medicines taken by people in the developing world, including
antiretrovirals for HIV/AIDS - relies on the flexibility of Indian
patent law.   Click here for more.

GTPI supports judicial decision annulling the patent for a HIV/AIDS


Statement of the Grupo de Trabalho Sobre Propriedade Intelectual on the
Brazlian government's decision to annul Abbott Laboratories' patent on
lopinavir+ritonavir, an important antiretroviral medicine for the
treatment of HIV/AIDS: " ...GTPI welcomes the decision of the Judge
since it converges with several actions taken by the group in recent
years to put an end to undue monopolies assaulting the public resources
and harming people who need essential medicines. In relation to the drug
lop/r, GTPI has: denounced abuses in the contract negotiated between the
Brazilian government and Abbott in 2005; filed a public civil action for
the government to issue a compulsory license, allowing the purchase and
production of generic versions; and actively avoiding monopoly extension
through oppositions to patent applications filed by the Abbott. In
addition, a debate that GTPI has taken to the Brazilian Supreme Court,
regarding the unconstitutionality of 'pipeline' patents, was considered
in the judge's decision, as an argument for the annulment of the
patent." Click here for more. <http://infojustice.org/archives/9230> 


Infojustice Blog Series on Limitations and Exceptions to Copyright by


Last December, participants at a meeting on Limitations and Exceptions
to Copyright hosted by IViR and PIJIP were asked to answer three
questions relating to copyright law in their country. We are publishing
their answers as a series of blogs. The first entry is posted: Copyright
Flexibilities in South Africa, by Andrew Rens and Caroline Ncube
<http://infojustice.org/archives/9110> .


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