[Ip-health] Infojustice Roundup - May 6, 2013

Michael Palmedo mpalmedo at wcl.american.edu
Mon May 6 09:51:03 PDT 2013

Infojustice Roundup 

US and EU Demand TRIPS-Plus Concession from Poorest Countries


[Sangeeta Shasikant] Developed countries, particularly the United States
and the European Union, have offered a poor and impractical deal of an
incredibly short extension of 5 years with restrictive conditions to
least developed countries that are entitled to be exempted from
implementing the WTO TRIPS Agreement. Particularly problematic is their
demand that the LDCs agree to a "no-roll-back" clause, a TRIPS plus
condition that will prevent LDCs from rolling back  (i.e. providing a
reduced degree of IP protection) their current laws, even if they
adversely impact their development concerns. Click here for more.


South Africa's Department of Trade and Industry Reneges on IP Policy


[Posted on FixthePatentLaws.org (Link)]  On 24 April 2013, Minister of
Trade and Industry Rob Davies stated that South Africa's new
intellectual property (IP) policy would not be released for public
comment any time soon. This starkly contrasts with a number of promises
in the past two years, by both the Minister and officials in the
Department of Trade and Industry (DTI), that the release of the
DTI-drafted policy is imminent. South Africa's patent laws do not
include a number of provisions allowed for under international law that
can facilitate access to medicines. In this regard we lag behind other
developing countries, such as Brazil and India, in using legal
safeguards in the interest of public health. Click here for more.


Statutory Damages: A Rarity in Copyright Laws Internationally, But for
How Long?


[Pamela Samuelson, Phil Hill, and Tara Wheatland]  Abstract:  American
copyright professionals may be so accustomed to the current domestic
regime of statutory damages that it may come as a surprise to learn that
very few countries in the world have anything comparable. Our survey of
177 World Intellectual Property Organization member states reveals that
the United States is one of only 24 nations that has a statutory damage
regime. Of these 24 countries, the vast majority have developing or
emerging economies and are not known for having strong copyright
industries. Click here for more <http://infojustice.org/archives/29458>


The Copyright Pentalogy: How the Supreme Court of Canada Shook the
Foundations of Canadian Copyright


[Michael Geist] Copyright cases typically only reach the Supreme Court
of Canada once every few years, ensuring that each case is carefully
parsed and analyzed. As readers of this blog know, on July 12, 2012, the
Supreme Court issued rulings on five copyright cases in a single day, an
unprecedented tally that shook the very foundations of copyright law in
Canada.  In fact, with the decisions coming just weeks after the
Canadian government passed long-awaited copyright reform legislation,
Canadian copyright law experienced a seismic shift that will take years
to sort out. I am delighted to report that this week the University of
Ottawa Press published The Copyright Pentalogy: How the Supreme Court of
Canada Shook the Foundations of Canadian Copyright Law, an effort by
many of Canada's leading copyright scholars to begin the process of
examining the long-term implications of the copyright pentalogy.  Click
here for more. <http://infojustice.org/archives/29487> 


Legislation on Limitations and Exceptions to Copyright Under Debate in


[Marcela Palacia Puerta] The Colombian Parliament is debating Bill 001
of 2012.  This Bill contains provisions regarding limitation and
exceptions to Copyright Law. Last 16 of April the Bill passed the second
debate in the House of Representatives. Now it is pending for debate in
the Senate. This Bill contains six articles regarding limitations and
exceptions. Article 1 mandates an exception for temporary copies made as
part of a technological process in some specific circumstances. Article
2 mandates an exception in favor of people with sight or hearing
disabilities. Article 3 mandates an exception in favor of libraries and
archives allowing them to lend a work. Article 4 mandates an exception
in favor of parody. Article 5 mandates an exception in favor of
educational institutions allowing the public performance of a work under
certain circumstances. Finally, Article 6 repeals all provisions
contrary to the ones mandated by this Bill. Click here for more.


Pirate Site Blocking Legislation Approved By Norwegian Parliament


[Posted by Andy to TorrentFreak, (CC-BY-NC)] Norway has moved an
important - some say unstoppable - step towards legislative change that
will enable the aggressive tackling of online copyright infringement.
Proposed amendments to the Copyright Act, which will make it easier for
rightsholders to monitor file-sharers and have sites such as The Pirate
Bay blocked at the ISP level, received broad support in parliament this
week and look almost certain to be passed into law. Click here for the
full story on TorrentFreak.


USTR Releases 2013 Special 301 Report


On May 1, the U.S. Trade Representative released the 2013 Special 301
Report, its annual identification of countries it claims deny "adequate
or effective" protection of intellectual property or deny "fair and
equitable market access for persons that rely on IPR protection."
Ukraine was designated a "Priority Foreign Country" (the most serious
designation, which triggers a formal process that can lead to
sanctions). Algeria, Argentina, Chile, China, India, Indonesia,
Pakistan, Russia, Thailand, and Venezuela were placed on the Priority
Watch List. Barbados, Belarus, Bolivia, Brazil, Bulgaria, Canada,
Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, Finland,
Greece, Guatemala, Israel, Italy, Jamaica, Kuwait, Lebanon, Mexico,
Paraguay, Peru, Philippines, Romania, Tajikistan, Trinidad and Tobago,
Turkey, Turkmenistan, Uzbekistan, and Vietnam were placed on the Watch
List. The report also announced upcoming Out of Cycle Reviews of Spain
and Ecuador. The report is below, along with civil society and industry


*         Special 301 Report

*         USTR Press release: USTR Releases Annual Special 301 Report on
Intellectual Property Rights

*         Sean Flynn. What is Special 301? A Historical Primer

*         Sean Flynn. Special 301 and Access to Medicines under the
Obama Administration <http://infojustice.org/archives/29472> 

*         Mike Palmedo. USTR Special 301 Attacks Indian Novartis Ruling
- WTO Director General Defends It

*         Peter Maybarduk, Public Citizen. US Government Special 301
"Watchlist" and Developing Country Use of Compulsory Licenses for
Healthcare <http://infojustice.org/archives/29493> 

*         James Love, KEI. PhRMA press release on USTR Special 301,
expresses disappointment over language for India, Canada.

*         Krista Cox, KEI. Notes on USTR's 2013 Special 301 Report.

*         PhRMA Statement on the 2013 Special 301 Report

*         IIPA Press Release. IIPA Hails USTR Decision to Designate
Ukraine a Priority Foreign Country: Commends 2013 Special 301 Report
Identifying Countries with Poor IP Protection.




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