[Ip-health] Infojustice Roundup - June 24, 2013

Michael Palmedo mpalmedo at wcl.american.edu
Mon Jun 24 09:38:30 PDT 2013

Infojustice Roundup 


Principles for Intellectual Property Provisions in Bilateral and Regional Agreements 


[Henning Grosse Ruse-Khan] For several years, research at the Max Planck Institute for Intellectual Property and Competition Law (MPI) - in collaboration with experts from all over the world - has examined the trend of bilateral and regional agreements that include provisions on the protection and enforcement of intellectual property (IP) rights. Building on this research, we have drafted a set of Principles for Intellectual Property Provisions in Bilateral and Regional Agreements. These Principles express our core concerns regarding the use of IP provisions as a bargaining chip in international trade negotiations; the increasing comprehensiveness and complexity of international IP rules in bilateral and regional agreements; the lack of transparency and inclusiveness in the negotiating process; and the resulting imbalances that are often reflected in the respective IP provisions negotiated on the bilateral or regional level. Click here for more. <http://infojustice.org/archives/29954> 


Congressional Letter Challenging Indian IP Policy Falsely Condemns Protectionism While Trouble-Shooting for Big Pharma


[Brook Baker] On June 18, 2013, 170 Members of Congress wrote to President Obama complaining about Indian trade policy and more particularly India's intellectual property "climate."  Under the umbrella of claiming that policies of the Government of India favor domestic producers over U.S. Exporters - in other words, that India is protectionist - the Members of Congress claimed that "the intellectual property (IP) climate has become increasingly challenging in India." Click here for more. <http://infojustice.org/archives/29967> 


WIPO Negotiators Reach Breakthrough On "3-Step Test" In Treaty For Blind 


[Catherine Saez, IP-Watch] A breakthrough was reached over the weekend in the World Intellectual Property Organization negotiations to provide more access to visually impaired people, according to participating sources. Agreement appears to have been struck on the controversial issue of restrictions to the exceptions to copyright that the treaty is proposing to establish. A revised draft treaty textwas issued on 22 June... The so-called three-step test has been a thorny issue in the negotiations. But a new proposed text was issued which is described as a breakthrough by most. Click here for the full story on IP Watch. <http://www.ip-watch.org/2013/06/24/wipo-negotiators-reach-breakthrough-on-3-step-test-in-treaty-for-blind/> 


News on U.S. Industry Lobbying on the WIPO VIP Treaty


Last weekend, details about U.S. industry lobbying to weaken the treaty emerged, as reported by the Washington Post <http://www.washingtonpost.com/politics/filmmakers-group-tries-to-reshape-treaty-that-would-benefit-the-blind/2013/06/22/f98e6130-d761-11e2-9df4-895344c13c30_story.html>  and the Guardian <http://www.guardian.co.uk/global-development/2013/jun/24/us-film-industry-copyright-blind> .  Additionally, KEI posted 142 pages of emails sent by the MPAA <http://keionline.org/node/1759>  to USPTO over the treaty for the blind.


Digital Rights and Access to Knowledge Hang in the Balance at the UN Next Month


[Jeremy Malcolm] In the digital rights and access to knowledge movements, we spend a lot of our time fighting against bad proposals, that limit the public domain, restrict user rights such as fair use or fair dealing, and control the way we use digital products. What if, rather than limiting ourselves to this negative and reactive approach, we could also promote the adoption of a positive global standard that would protect the rights of digital consumers, and uphold the importance of access to knowledge for all? The good news is that we can, and that this month you have the opportunity to help make it happen. Click here for more. <http://infojustice.org/archives/30001> 


PIJIP Research Paper:  Intellectual Property Reform in Colombia


[PIJIP] Authors: Glushko-Samuelson Intellectual Property Clinic in Collaboration with Andrés Izquierdo. Introduction: In January 2013, the Colombian Constitutional Court struck down on procedural grounds the controversial copyright law known as Ley Lleras 2.0, which presented Colombia with a tremendous new opportunity to draft balanced copyright legislation that meets the needs of its citizens. Click here for the full paper. <http://infojustice.org/archives/30009> 


Colombia and the OECD: What Does This Mean for Its Intellectual Property Policy?


[Jhonny Antonio Pabón Cadavid and Carlos A. Conde-Gutierrez]  At the end of May, Colombia and Latvia have been invited to be part of the Organisation for Economic Co-operation and Development (OECD). Through the ensuing discussions related to the entry to OECD, Colombia should demonstrate compatibility with the principles of OECD, including its intellectual property standards. During recent years one area of OECD´s "aid for trade" in Colombia has been the training and campaign for protection and active enforcement of IP. Click here for more. <http://infojustice.org/archives/29973> 


It's Settled: Pay-for-Delay Challenges Had a Big Week


[Michael Carrier] On both sides of the Atlantic, brand-name drug companies have paid generics to delay entering the market. The week of June 17, 2013 will go down as potentially the most important week ever in the history of challenges to this activity. On Monday, the U.S. Supreme Court found that such "pay for delay" (or "reverse payment") agreements could present violations of the antitrust laws. And on Wednesday, the European Commission (EC) for the first time issued a fine against companies that enter into such settlements. Click here for more. <http://infojustice.org/archives/29992> 


The European Orphan Works Directive - an EIFL Guide


[Electronic Information for Libraries] In October 2012, Directive 2012/28/EU on certain permitted uses of orphan works (known as the orphan works Directive) was adopted by Member States of the European Union (EU). The Directive sets out common rules for the digitization and online display of orphan works. Unfortunately hopes that the Directive would enable large-scale digitization of orphan works by libraries, and enable the works to be made available online for educational and cultural purposes, were not realized. Click here for more. <http://infojustice.org/archives/29960> 


New G8 Open Data Charter


[John Wonderlich] The G8 countries today released a new declaration, and with it an Open Data Charter policy paper, which together constitute a significant high-level commitment to open data and transparency... This statement provides helpful language in its commitments, reiterating the open data benefits canon, and imposing a new reporting processes and avenues for collaboration, both intergovernmental and across sectors. It will likely help prioritize open data initiatives in other policy venues, and empower internal reform champions within G8 governments (and beyond) to pursue open data. Click here for more. <http://infojustice.org/archives/29948> 


Open Educational Resources - A Nigerian Perspective


[Chijioke Ifeoma Okorie] Intellectual Property Watch has referred to the recent paper published by the International Publishers' Association (IPA) which expressed concerns about the sustainability, quality and efficacy of Open Educational Resources (OERs)... While not denying the importance of sustainability and efficacy (quality is always very crucial) to any educational material, those are not in my view, the most important issues for Nigeria and I daresay, Africa. What are important issues for Nigeria? Click here for more. <http://infojustice.org/archives/29932> 


Sen. Warren Asks Froman to Release the Negotiating Text of the Trans Pacific Partnership


[Mike Palmedo] Last week, Senator Elizabeth Warren sent a letter to the Obama Administration's nominee for U.S. Trade Representative, Michael Froman, asking him to "immediately make fully public" the negotiating text of the Trans Pacific Partnership (TPP).  If that is not possible, Sen. Warren asked Froman to make public a "scrubbed" version which would include the language under negotiation, while hiding which country or countries proposed which version of text.  Click here for more. <http://infojustice.org/archives/29939> 


Items of Interest from the U.S. Intellectual Property Enforcement Coordinator's 2013 Joint Strategic Plan


[Jonathan Band] Here are a few items of interest in the Intellectual Property Enforcement Coordinator's Joint Strategic Plan issued yesterday.  1) Reference to fair use: "Effective enforcement is critical to providing meaningful protection of intellectual property rights, but enforcement approaches should not discourage authors from building appropriately upon the works of others..." Click here for more <http://infojustice.org/archives/29983> .





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