[Ip-health] Infojustice Roundup - August 11, 2014

Michael Palmedo mpalmedo at wcl.american.edu
Mon Aug 11 08:57:48 PDT 2014

Infojustice Roundup 


The Capture of International Intellectual Property Law Through the U.S.
Trade Regime


[Margot Kaminski] Abstract: For years, the United States has included
intellectual property ("IP") law in its free trade agreements. This
Article finds that the IP law in recent U.S. free trade agreements
differs subtly but significantly from U.S. IP law. These differences are
not the result of deliberate government choices, but of the capture of
the U.S. trade regime. A growing number of voices has publicly
criticized the lack of transparency and democratic accountability in the
trade agreement negotiating process. But legal scholarship largely
praises the "fast track" trade negotiating system. This Article
reorients the debate over the trade negotiating process away from
discussions of democratic accountability to focus instead on the problem
of regulatory capture. Click here for more.


Call to EU Health Ministers & Pharmaceutical CEOs Regarding Universal
Access to Curative Hepatitis C Treatment in the EU and Beyond


Eleven European and worldwide NGOs have issued a "Call to EU Ministers
of Health and CEOs of Abbvie, BMS, Gilead, Janssen and Merck/MSD
regarding Universal Access to Curative Hepatitis C Treatment in the EU
and Beyond." The letter asks governments and pharmaceutical companies to
negotiate with each other to ensure universal access to state of the art
treatments. It concludes: "If all bona fides negotiations fail, we
believe that, as a last option, countries have the right to use
compulsory licences." Click here for more.


Blue Future: Maude Barlow, Water Rights, Investor Clauses, and Trade


[Matthew Rimmer] Maude Barlow is the chairperson of the Council of
Canadians, and the founder of the Blue Planet Project. She is a
recipient of Sweden's Right Livelihood Award, and a Lannan Cultural
Freedom Fellowship. As well as being a noted human rights and trade
activist, Barlow is the author of a number of books on water rights -
including Blue Gold,[1] Blue Covenant,[2] and Blue Future.[3] She has
been particularly vocal on the impact of trade and investment agreements
upon water rights. Barlow has been critical of the push to include
investor-state dispute settlement clauses in trade agreements - such as
the Comprehensive Economic and Trade Agreement (CETA) between Canada and
the European Union, the Trans-Pacific Partnership (TPP), and the
Trans-Atlantic Trade and Investment Partnership Agreement (TTIP). She
has also been concerned by the Trade in Services Agreement (TISA) leaked
by WikiLeaks. Click here for more.



Inside U.S. Trade: Leaked TPP Paper On Drug IP Landing Zones Shows
Extent Of Divisions


[Matthew Schewel] A confidential Trans-Pacific Partnership (TPP)
negotiating document obtained by Inside U.S. Trade sheds new light on
the extent of disagreement that remains over controversial provisions on
intellectual property (IP) protection for pharmaceuticals, roughly three
months ahead of a November target for producing a substantial outcome in
the talks. The two-page document, which outlines potential options, or
"landing zones," for resolving pharmaceutical IP issues, indicates that
TPP countries have coalesced around a U.S. proposal under which
less-developed members would be able to temporarily provide a lower
standard of drug IP protection than more developed members. But it shows
that TPP countries are still at odds over the substantive obligations
that would be required for each standard, as well as the mechanism for
transitioning countries from the lower standard to the higher one. Click
here for the full story on Inside U.S. Trade.


See also:  TTIP Round Seven To Be Held Sept. 29-Oct. 3 In Washington
Area (Link
-id-896.html> )


Switzerland Continues Work On Changes To Online Copyright Rules 


[Catherine Saez] Switzerland is considering the "modernisation" of its
copyright law to adapt the rights and obligations of various
stakeholders to the "realities" of the internet. The country's generous
exception on private use of downloaded material appears to be preserved
in the proposed change but internet service providers might feel the
pinch. Click here for the full story on ip-watch.org.


How Many Jobs Does Intellectual Property Create?


[Eli Dourado and Ian Robinson] Abstract: In the past two years, a spate
of misleading reports on intellectual property has sought to convince
policymakers and the public that implausibly high proportions of US
output and employment depend on expansive intellectual property (IP)
rights. These reports provide no theoretical or empirical evidence to
support such a claim, but instead simply assume that the existence of
intellectual property in an industry creates the jobs in that industry.
We dispute the assumption that jobs in IP-intensive industries are
necessarily IP-created jobs. We first explore issues regarding job
creation and the economic efficiency of IP that cut across all kinds of
intellectual property. We then take a closer look at these issues across
three major forms of intellectual property: trademarks, patents, and
copyrights. Click here for the full paper on mercatus.org.



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