[Ip-health] Infojustice Roundup - August 18, 2014

Michael Palmedo mpalmedo at wcl.american.edu
Mon Aug 18 10:25:46 PDT 2014

Infojustice Roundup  


Website Documents How the U.S. Could Use Certification to Write TPPA
Countries' Laws


A new website has been launched today (www.tppnocertification.org) that
documents the extraordinary process of 'certification' through which the
United States claims the right to vet and approve other countries laws
before it will allow a trade and investment treaty to come into force.
This process has existed for many years, but it has been used more
intensively in the past decade because Congress was dissatisfied with
how some countries had been implementing their US free trade agreements.
Click here for more. <http://infojustice.org/archives/33133> 


See also:  EFF. Certification Allows US Trade Negotiators to Rewrite TPP
Copyright Rules. Link
otiators-rewrite-tpps-copyright-rules> .


Taiwan Considers Patent Linkage Now to Prepare to Join the TPP in the


[Mike Palmedo] Inside U.S. Trade reports that Taiwan is taking steps to
develop a system of patent linkage, which would prevent generic firms
from gaining marketing approval for their products while originator
products are still under patent.  The country wants to join the Trans
Pacific Partnership at a later date, and it expects that patent linkage
will be one of the requirements for countries wishing to acceded to the
Agreement... U.S. industry and government have been trying for a long
time to prod Taiwan into implementing a system of patent linkage.  A
2007 diplomatic cable from US State Department officials to the
Secretary of State, titled: "Taiwan Pharma: Patent Linkage Going
Nowhere" had this to say on the matter... Click here for more.


Expanding Copyright User Rights in South Africa


[Sean Flynn] On August 18, a group of South African and international
legal experts will work with South African filmmakers to better
understand their rights as users as well as creators under copyright
law. The meeting will focus on actions filmmakers can take to use and
expand user rights in South Africa that are necessary to fully enable
the vibrant filmmaking industry that already exists, and to support
emerging artists. Click here for more.


See also: Briefing on "Copyright Users' Rights and the Clearance Culture
in South African Filmmaking" Link
<http://infojustice.org/archives/33140> . 


Piracy and New Product Creation: A Bollywood Story


[Rahul Telang and Joel Waldfogel] Abstract: While copyright research in
the decade following Napster focused mostly on whether file sharing
undermines demand, research has more recently asked how piracy and other
aspects of digitization affect the supply of new products. Although
revenue has declined sharply, evidence that weakened effective copyright
protection undermines creation has been elusive. Instead, because of
cost-reducing effects of digitization, the number of new recorded music
products - and their apparent quality - has increased. This study
examines movie production in India during a period of technological
change that facilitated large-scale piracy. ... While the number of new
movies released had grown steadily from 1960 to 1985, it fell markedly
between 1985 and 2000, suggesting a supply elasticity in the range of
0.2-0.7. Thus, our study provides affirmative evidence on a central
tenet of copyright policy, that stronger effective copyright protection
effects more creation. Click here for the full paper on SSRN.


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 report on mercatus.org.


Australia Eyes Copyright Act Amendment To Curb Downloading


[Catherine Saez] The Australian government is seeking to amend its
copyright act to address online copyright infringement. To that purpose,
a discussion paper has issued for public input until 1 September. In
particular, the paper looks at trends in similar nations and proposes
measures to dry up business models operating outside of Australia, and
to extend the responsibility of internet service providers.  The Online
Copyright Infringement Discussion Paper released in July, makes a number
of proposals to amend the Australian Copyright Act of 1968. Internet
service providers (ISPs) say they welcome the discussion paper, but
remain wary. Click here for the full paper on IP Watch.



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