[Ip-health] Infojustice Roundup - June 10, 2013

Michael Palmedo mpalmedo at wcl.american.edu
Mon Jun 10 10:30:10 PDT 2013

Infojustice Roundup 


South to Introduce Resolution on Access to Medicines at the UN Human
Rights Council


[K.M. Gopakumar]  Developing countries are set to introduce a resolution
on access to medicines at the current session of the United Nations
Human Rights Council.  The draft resolution requests States, the UN and
other intergovernmental organisations to address the existing challenges
with regard to access to medicines in the context of the right to
health, and the ways to overcome those challenges. The report of the
Special Rapporteur on access to medicines, which was introduced at the
Council meeting on 27 May... "stresses the need for states to take
advantage of the flexibilities under the WTO Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS Agreement) and the 2001
Doha Declaration on TRIPS and Public Health." Click here for more.


PIJIP and the AU Center for Social Media Release Set of Principles in
Fair Use for Journalism


[PIJIP] The Set of Principles in Fair Use for Journalism will help
journalists in the United States interpret the copyright doctrine of
fair use. It is intended for anyone who engages in the set of practices
that entails creating media of any kind that refers to real-life events
of public interest, in service of public knowledge, whether that person
is a full-time professional or an individual who takes it upon himself
or herself to report about specific issues or events. In other words,
the definition of "journalism" to which this document speaks is defined
by acts, not titles, and is an inclusive one, reflecting (in part) the
changing nature of the technologies that support and enable journalistic
practice. Click here for more. <http://infojustice.org/archives/29827> 


Senators Seek USTR Nominee Froman's Views on IP, India, Trade Promotion
Authority, & Transparency of TPP Negotiations


[Mike Palmedo] Last Thursday, the Senate Finance Committee held its
confirmation hearing for the Obama Administration's nominee for U.S.
Trade Representative, Michael Froman.   Themes that repeatedly came up
included intellectual property protection in India and online, and Trade
Promotion Authority (TPA).  Senators Wyden and Baucus also discussed the
transparency of trade negotiations.  Baucus closed the hearing with a
discussion of the role of the limitations and benefits of conducting
trade policy within the multilateral trading system. Click here for more


Can TPP's investment chapter harm consumer protection and access to


[Rashmi Rangnath] Empowered by investment provisions in free trade
agreements, corporations have challenged national laws, policies, and
practices that protect the environment and public health. Phillip
Morris' challenges to cigarette plain packaging rules in Uruguay and
Australia are the latest examples of such corporate actions. The
Transpacific Partnership Agreement (TPP) also contains an investment
chapter similar to the investment chapter in many FTAs. Would that
chapter give corporations the same powers as other FTAs? Could it be
used to challenge national measures designed to increase access to
knowledge? Could it be used to challenge limits to copyright meant to
protect consumers? Click here for more.


Sharing is a cultural right, not a market failure


[Philippe Aigrain] An endless stream of law proposals, soft-law
initiatives and free-trade agreements keeps trying to eradicate or
prevent the non-market sharing of digital works between individuals. New
strategies are pushed using incentives and threats so that
intermediaries will police the Internet to save the scarcity-based
business models of a few from the competition of abundance. So is it
business as usual? Well, no longer. There are strong signs that citizens
and digital rights organizations have reached a new maturity in what
used to be the "piracy" debate. For many years, they of course stressed
the damage that the war against piracy was doing to the Internet, to
freedoms and fundamental rights. However, many seemed to have forgotten
that the initiators of file sharing ... called it file sharing. They
feared standing explicitly for its legitimacy and looked for schemes
that would buy peace in the war against P2P. They pushed for blanket
licensing or licence globale proposals (whether optional or compulsory)
that proposed to compensate a limited set of industries (motion picture,
phonographic industry and a lesser extent TV) for the harm allegedly
caused by unauthorized sharing. Click here for more.


Facing Public Opposition, Taiwanese Government Withdraws SOPA-Like
Copyright Legislation


[Mike Palmedo] The government of Taiwan has backed down from plans to
amend its copyright law to justify take-downs of foreign websites
accused of hosting copyright-infringing material. The Taiwan
Intellectual Property Office (IPO) had proposed legislation to create a
blacklist and allow DNS blocking.  A citizen backlash sprung up
immediately, and the IPO initially claimed the public was exaggerating
the issue. When it became clear that Taiwan would face an internet
blackout, the IPO announced that it would withdraw the copyright
amendment. Click here for more. <http://infojustice.org/archives/29805> 


WTO Members Agree On Draft Extension Of TRIPS Transition For LDCs 


[Catherine Saez, IP Watch]  World Trade Organization members today
reached a draft decision on a request put forward by least-developed
countries to extend the period during which they do not have to comply
with international rules of intellectual property rights protection,
according to sources. Under the terms of the hard-fought decision, LDCs
can benefit from an extension of eight more years. The draft decision is
expected to be confirmed during the WTO Council on the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS), taking
place on 11-12 June. Click here for the full story on IP-Watch.


UK Intellectual Property Office Accepting Comments on Draft Legislation
on Copyright Exceptions


[UK IP Office]  In December 2012, the Government published its response
to the consultation, "Modernising Copyright". This document outlines the
changes the Government intends to make to copyright exceptions, and the
reasons for them... we made a commitment that we would give everyone an
opportunity to comment on the detail of the draft legislation
implementing these changes. ... The first drafts we are publishing for
review are the exceptions for private copying, parody, quotation and
public administration. Drafts for the other exceptions will be released
as soon as they are ready. You are invited to submit any written
comments as soon as you are able. The closing date for written comments
on the first four exceptions is 17 July 2013. Click here for the full
announcement at ipo.gov.uk
copyright-techreview.htm> .



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