[Ip-health] Infojustice Roundup - July 22, 2013

Michael Palmedo mpalmedo at wcl.american.edu
Mon Jul 22 04:14:41 PDT 2013

Infojustice Roundup


Letter from 67 Academics to Colombian Leaders Regarding Copyright Legislation


[PIJIP] 67 legal academics have endorsed a letter to Colombian leaders to express concern over copyright legislation intended to implement the country's obligations under their trade agreement with the U.S.  The letter warns that the provisions in the legislation "restrict the activities of information consumers more than is necessary or appropriate, more than the FTA requires, and more than do the provisions U.S. copyright law itself." It recommends that Colombia give "serious consideration" to a "flexible approach to limitations and exceptions" and offers other suggestions for provisions that protect user rights in copyright.  Click here for more. <http://infojustice.org/archives/30286> 


Statement of the Latin America & Caribbean (LAC)-Global Alliance For Access to Medicines  on the Trans-Pacific Partnership Agreement (TPP) & Access to Affordable Medicines 


[Joint statement by 18 civil society groups]  The Latin American and Caribbean - Global Alliance for Access to Medicines (Alianza LAC-Global por el Acceso a Medicamentos) is composed of civil society organizations in Europe, the United States and Latin America, whose mission is to advance initiatives that improve access to medicines globally, with an emphasis on Latin America. The LAC-Global Alliance benefits from the valuable collaboration of MSF Access Campaign, the Latin American Episcopal Council (CELAM in Spanish), the Health Ministry for Latin America (Pastoral de la Salud para Latinoamérica) and the Episcopal Conference of Colombia. View the full statement: Medicines (English <http://www.mision-salud.org/wp-content/uploads/2013/07/Statement-of-the-LAC-Global-Alliance-for-Access-to-Medicines-on-the-TPP.pdf>  | Español <http://www.mision-salud.org/wp-content/uploads/2013/07/Declaraci%C3%B3n-Alianza-Julio-2013-TPP.pdf> )  


See also: Médecins Sans Frontières Open Letter to TPP Countries <http://www.msfaccess.org/content/msf-open-letter-tpp-countries-dont-trade-away-health>  


Civil Society Statement in Support of Brazilian Patent Law Reform


[Brook Baker] Activists and progressive health forces in Brazil have succeeded in catalyzing a proposal to reform Brazilian patent law to take advantage of key TRIPS flexibilities in order to increase access to affordable medicines. In August 2013, Brazil will issue a major report and proposed legislative reforms that will: eliminate patent term extensions and data exclusivity, restrict patents on new forms and new uses and tighten the inventive step requirement (following the India example), adopt government use procedures, and clarify the role that ANVISA, its drug regulatory agency, plays in the patent examination system. We hope to gain sign-ons from hundreds of civil society/activist organizations. Click here to read and endorse the Civil Society Statement. <http://infojustice.org/civil-society-statement-brazil-july2013>   


RELATED:   Academic Sign-On Letter and Technical Review <http://infojustice.org/support-brazil> 


UK Request for Comments on Copyright in Europe


[UK Intellectual Property Office] The European Commission's communication 'A Single Market for Intellectual Property Rights' outlines its plans for a number of initiatives on intellectual property (IP). The aim is to create a seamless, integrated Single Market for IP to help release the potential of European inventors and creators, enabling them to turn ideas into jobs and growth. A number of the proposals put forward in the communication are now underway and others are currently under consideration... On copyright, proposals that are already underway include: Creating a legal framework for the collective management of copyright to enable multi-territorial and pan-European licensing; Examining whether the current exceptions and limitations to copyright granted under the Copyright Directive (2001/29/EC) need to be updated or harmonised; Reviewing private copying levies. Click here for more. <http://infojustice.org/archives/30222> 


Sen. Leahy Urges Action To Ensure Access To Affordable Life-Saving Diagnostic Tests For Breast And Ovarian Cancer


[Press Release from Sen. Leahy's office] Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) on Friday sent a letter to the National Institutes of Health (NIH) urging the agency to consider using its authority to ensure greater access to life-saving genetic testing that was developed with federal research dollars. Patents for the genetic test for the BRCA1 and BRCA2 genes associated with breast and ovarian cancers are owned by Myriad Genetics, which was the subject of a Supreme Court ruling last month that struck down some, but not all, of Myriad's patent claims. Following the decision, Myriad this week filed infringement suits against two companies that had announced they would begin offering lower-cost tests for the BRCA genes. Click here for more. <http://infojustice.org/archives/30244> 


"CFL en Español" Completes Six UN Languages


[Electronic Information for Libraries, Link (CC-BY)]  EIFL is delighted to announce a new Spanish version of Copyright for Librarians (CFL), the online open curriculum on copyright law developed jointly with Harvard's Berkman Center for Internet and Society. "CFL en Español" is based upon Modules 1 to 7 of the curriculum. The work to translate CFL into Spanish was carried out by university lectures Prof. Graciela Dacosta and Prof. Hugo Valanzano from the School of Library Science, State University of Uruguay. The school offers undergraduate and postgraduate courses and teaches around 400 students in Library and Archive Studies per year. Click here for more. <http://infojustice.org/archives/30294> 


Access to Medicines Resolution Adopted by UN Human Rights Council


[KM Gopakumar] The United Nations Human Rights Council has adopted a resolution on access to medicines despite opposition from the United States and the European Union. This was at the 23rd session of the Council held in Geneva on 27 May-14 June 2013. The resolution was sponsored by developing countries as a follow-up to the Report of the UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover, on access to medicines...  It was learnt that the US proposed nearly five amendments to the resolution with the objective of limiting the scope of the resolution to essential medicines and also to dilute the wording on local manufacturing. Click here for more. <http://infojustice.org/archives/30211> 


Growing Consensus Around Balanced Copyright Policy


[Ali Sternburg] This morning, the new USTR Michael Froman testified before the House Committee on Ways and Means about a variety of trade policy issues, including the Trans-Pacific Partnership (TPP).  In response to a question about access to medicine from Rep. Jim McDermott (D-WA), Ambassador Froman emphasized the need for balance in intellectual property policy.  Froman said the U.S. has been educating trade partners and stakeholders about provisions in U.S. law that achieve this balance, and been engaged in dialogues about principles. This hearing followed a recent bipartisan letter to Ambassador Froman about intellectual property provisions in the TPP, signed by Rep. Doris Matsui (D-CA) and Rep. Michael McCaul (R-TX), Co-Chairs of the Congressional High Tech Caucus, along with 25 other Representatives.  Click here for more. <http://infojustice.org/archives/30253> 


Antigua and Barbuda Forms Committee to Oversee Partial Suspension of U.S. Intellectual Property Rights


[Mike Palmedo] The government of Antigua and Barbuda is moving forward with plans "to suspend certain concessions and other obligations relating to United States intellectual property rights" in retaliation for the U.S.'s violation of the World Trade Organization (WTO) General Agreement on Trade in Services.  The WTO has already found that the US violated the terms of the services agreement by banning online gambling on websites hosted offshore, and it has authorized Antigua and Barbuda's suspension of American IP benefits as a form of trade retaliation. Click here for more. <http://infojustice.org/archives/30265> 


EFF Joins Massive Coalition Calling For Patent Reform


[Daniel Nazer] Today EFF joins a coalition of 50 organizations to send a letter to Congress urging the legislature to focus on finding-and passing-effective solutions to patent abuse. This letter brings together a strikingly diverse group of companies-including retailers, application developers, and financial services institutions-as well as public interest organizations like Public Knowledge and EFF. Together, we call on Congress to take immediate action to curb destructive patent troll litigation. Click here for more. <http://infojustice.org/archives/30238> 


How Copyright Makes Books and Music Disappear (and How Secondary Liability Rules Help Resurrect Old Songs)


[Paul Heald] A random sample of new books for sale on Amazon.com shows more books for sale from the 1880's than the 1980's. Why? This paper presents new data on how copyright seems to make works disappear. First, a random sample of 2300 new books for sale on Amazon.com is analyzed along with a random sample of 2000 songs available on new DVD's. Copyright status correlates highly with absence from the Amazon shelf. Together with publishing business models, copyright law seems to stifle distribution and access. Second, the availability on YouTube of songs that reached number one on the U.S., French, and Brazilian pop charts from 1930-60 is analyzed in terms of the identity of the uploader, type of upload, number of views, date of upload, and monetization status. An analysis of the data demonstrates that the DMCA safe harbor system as applied to YouTube helps maintain some level of access to old songs by allowing those possessing copies (primarily infringers) to communicate relatively costlessly with copyright owners to satisfy the market of potential listeners. Click here for the full paper on SSRN. <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2290181> 




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