[Ip-health] Infojustice Roundup - March 4, 2013

Michael Palmedo mpalmedo at wcl.american.edu
Mon Mar 4 09:40:42 PST 2013

Letter from 376 Civil Society Groups Supporting an Extension of the
TRIPS Waiver for Least Developed Countries


[Sangeeta Shashikant] Attached is a letter from hundreds of civil
society groups (representing millions of people worldwide) to members of
the World Trade Organisation (WTO) urging them to support the request
and draft decision text proposed by the Least developed Countries (LDCs)
to the WTO on extending the waiver that exempts LDCs from implementing
the WTO-TRIPS agreement until they "graduate" from LDC status. A lot is
at stake for LDCs as TRIPS rules undermine human rights, development and
health in developing countries. LDCs being the most vulnerable community
should not be required to provide and maintain monopolies on essential
goods. Click here for more. <http://infojustice.org/archives/28721> 


See also: statements in support of the letter from UNAIDS
<http://infojustice.org/archives/28737> , UNDP
-life-saving-drugs/> , the Computer and communications Industry
<http://www.ccianet.org/index.asp?sid=5&artid=363&evtflg=False> , and
Electronic Information for Libraries
<http://www.eifl.net/eifl-statement-support-lcd-trips-waiver> .


Is Colombia Regulating Orphan Works?


[Carolina Botero] The issue of orphan works has been systematically
ignored in Colombia, but it has suddenly appeared as part of draft
legislation to reform to the country's system of Copyright Collecting
Societies. The reform - Draft Law 202 - was presented to the Congress in
2012. It has passed two debates and will continue when the Congress
starts their work on March 16th. Reviewing the last approved version, we
found that this draft has a disturbing provision in Article 39... [which
would] allow companies managing copyright royalties (such as Sayco) to
distribute royalties collected on behalf of works by unidentified right
holders after 5 years of trying unsuccessfully to locate those right
holders. Click here for more. <http://infojustice.org/archives/28802> 


Creative Commons and the Openness of Open Access


[Michael Carroll] The Internet has inspired multiple movements toward
greater openness - most prominently, open access, open data, open
science, and open educational resources. None of these is based on the
belief that there should be such a thing as a free lunch, but each
recognizes that the Internet changes the economics of publication and
digital-resource sharing so that changes can feasibly be made to
traditional practices that are in some ways "closed," requiring payment
for access to information or prohibiting myriad reuses of accessible
information. The quality of "openness" applies to both the terms of
access and the terms of use. Advocates in each movement - and I am one,
serving on the boards of directors of two organizations promoting open
access, Creative Commons and the Public Library of Science (PLOS) -
share an understanding that an open resource is freely accessible over
the Internet. Opinions vary about the terms of use necessary for a
resource to be open. Click here for more.


Detailed Analysis of the Medicines Patent Pool-ViiV Pediatric ARV
License and Memorandum of Understanding


[Brook Baker] On February 27, the Medicines Patent Pool (MPP) and ViiV
Healthcare UK Limited (ViiV) announced their License Agreement on an
older antiretroviral (ARV), abacavir (ABC), for pediatric treatment
only, in 118 countries where 98.7% of child living with HIV live.  They
also entered into a separate, non-binding Memorandum of Agreement (MoU),
which promises collaboration on pediatric licensing of pipeline ARVs,
development of novel combination pediatric formulations, and
availability of novel pediatric formulations outside of the licensed
territory. Click here for more. <http://infojustice.org/archives/28771> 


See also statements from the Medicines Patent Pool
<http://infojustice.org/archives/28759> , the Global Network of People
Living with HIV
-but-still-not-good-enough> ,  Knowledge Ecology International
<http://www.keionline.org/node/1665> , and Health Action International
HAI-Europe-Statement-on-ViiV-license-to-MPP.pdf>  - as well as the
governments of France
-l-acces-aux-medicaments>  and the United States
v-healthcare-collaborate-children-hiv> .


WHO/WIPO/WTO Trilateral Report: Human Rights, De-Linkage and the R&D


[Thiru Balasubramaniam] As mentioned in a previous piece, the trilateral
report by the secretariats of the World Health Organization (WHO), the
World Intellectual Property Organization (WIPO) and the World Trade
Organization (WTO), Promoting Access to Medical Technologies and
Innovation: Intersections between public health, intellectual property
and trade, covers a lot of ground ...  At the launch of the report, a
Geneva-based diplomat drew KEI's attention to the report's treatment of
human rights, particularly in the context of the right to health. The
diplomat noted that the report's references to the obligations to
safeguard the right to health in the context of public health and trade
rules would have been unthinkable 10 years ago. Click here for more.


Newly Implemented Korean Fair Use and the Three Step Test


[Jaewoo Cho] There is a debate whether the three-step test is primarily
designed to be restrictive to copyright limitations and exceptions or
meant to be open and flexible...The new South Korean copyright
registration shows that it is not impossible to incorporate the
three-step test with an open and flexible fair use clause.  Click here
for more. <http://infojustice.org/archives/28766> 


TPP Enters Sixteenth Round of Negotiations


[Mike Palmedo] The eleven countries negotiating the TPP will hold
negotiations in Singapore from March 4 through 13.  The formal
stakeholder outreach will take place on Wednesday the 6th.  Inside U.S.
Trade has reported that industry sources expect the American negotiators
to informally "verbalize" ideas related to new text on intellectual
property and access to medicines. USTR's earlier proposal for an "access
window" met with strong opposition in previous rounds.  Click here for
more. <http://infojustice.org/archives/28814> 


France Examines Even Tougher Anti-Piracy Laws


[Rhonda Richford for the Hollywood Reporter]  Already home to some of
the strictest anti-piracy laws for users, France's Internet Authority
(HADOPI) has issued a new report examining ways to curb usage of
streaming and direct download sites. Looking to stop piracy at the
source, the report suggests a combination of techniques including site
blocking or domain seizures if operators do not comply. The authority
suggests the implementation of content recognition by site owners,
including digital fingerprinting technology. These systems could be used
to remove content upon the request of copyright holders, similar to
YouTube or DailyMotion, or restrict user access based on location.  If
site operators are unwilling to add these mechanisms or if illegal
content reappears on the site, the report suggests initial steps such as
search engine de-listings. If sites fail to comply with the warnings,
HADOPI suggests it could also resort to involving the courts in order to
seize or permanently block the domains.  Click here for the full story
on Billboard.com.



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