- Obama officials seek end of WIPO program on limitations and exceptions to patent rights in developing countries
- India's Department of Industrial Policy and Promotion creates IPR Think Tank to Draft National IPR Policy
- Rajasingh on India-US dispute over patents on dasatinib, a drug to treat leukemia
- Comments to USTR on the Out-of-Cycle Review for India due October 31, 2014.
- New leak of TPP consolidated text on intellectual property provides details of pandering to drug companies and publishers
- UPDATE: TRIPS Council (Oct. 2014): Ukraine requests discussion on compatibility of tobacco plain packaging measures with TRIPS
- What PhRMA Wants from TTIP
- KEI Notes & Comments at TTIP Seventh Round of Negotiations at Stakeholder Event
- Matrix of Export Possibilities under Gilead HCV Licence
- WIPO General Assembly: Worst ever?
May 2, 2014, during "other matters" to be discussed at the WIPO SCCR, some observers and delegates were a little surprised by the number of delegations who spoke in favor of adding "resale Rights" to the agenda of next SCCR sessions. However, some of the observers and delegates were not at all surprised having observed this week the diligent work of a CISAC representative with various key delegates.
ORPHAN WORKS, RETRACTED AND WITHDRAWN WORKS, AND WORKS OUT OF COMMERCE
May 1, 2014 SCCR TOPIC 7
The discussion regarding orphan works included the rather difficult and political topic of moral rights and the right to withdraw a work from circulation. Can a library reproduce and make available a work that the author wants withdrawn from the public?
For example the Africa group had proposed:
Right to Access Retracted and Withdrawn Works
SCCR 27 May 1, 2014 Limitation of liability for libraries and archives
Michelle Woods for the WIPO SECRETARIAT provided the SCCR with this very useful summary of the various proposals on the table:
This topic is on limitations of liability of libraries and archives. There is also actually a proposal to make that limitations on liability "for" instead of "of" libraries and archives, reflected in the text.
KEI and other NGOs attending SCCR 27 have been able to make interventions on various articles in the proposed library treaty. On the issue of library access to orphaned works, KEI's intervention covered the following points, and made a proposal for text.
1. There is ample evidence that national approaches to providing access to orphan works is quite diverse.
2. The diversity of approaches have been used by some to express pessimism that this issue can be addressed in a treaty.
If the Broadcasters'treaty often appeared to be a treaty in search of a problem in the last few days (or years?), the Libraries and Archives' problem is about a treaty in search of a solution... or maybe solutions. And if the problems (and thus solutions) were not specifically cross borders...well, the librarians and archivists of the world would not be here "en masse" testifying at the Standing Committee on Copyright and Related Rights, a Committee extremely proud to have created the WCT and the WPPT to solve the cross border issues of copyright owners.
The Need for an International Agreement on Orphan Works? A Large Coalition of Librarians & Archivists Make the Case at SCCR27Submitted by Manon Ress on 1. May 2014 - 6:04
Orphan works are obviously the bread and butter of libraries and even more so for Archives, the very institutions that deal daily and all over the world with unpublished, anonymous but still culturally extremely valuable works. One would think that since there is little economic value for these types of works as well as an obvious international need to preserve and access these types of works, the discussions could go smoothly and result quickly in a new WIPO agreement. However, progress are slow, too slow for the good of copyright!
The six countries listed in the Special 301 list, every year, had much higher growth of incomes than USASubmitted by James Love on 1. May 2014 - 4:59
According to USTR's 2014 report, six countries have been listed on the Special 301 list "every year since the report's inception." The six countries that have appeared on the Special 301 list every year were Chile, China, India, Indonesia, Thailand and Turkey.
On Wednesday, 30 April 2014, Kenya delivered the following statement on "Limitations & Exemptions for Libraries and Archives" on behalf of the African Group. In contrast to the European Union, the African Group underscored the point that copyright limitations and exceptions
After 3pm the SCCR 27 (April 30, 2014) turned to Topic 2: Libraries and archives
In brief, countries supporting progress on a binding instrument on limitations and exceptions for libraries and archives include the Africa Group, Iran, Mexico, India, Bangladesh, Brazil, Ecuador, Morocco, Russia, Tunisia, Chile, Congo...
Representative quote of a proponent:
As promised in my previous blog, here in their own words, Tuesday April 29, 2014 afternoon session of SCCR 27, the view point of copyright owners on the proposed treaty for broadcasting organizations. The fact that it is quite repetitive is probably one of the points they were trying to make and it was in fact quite effective in "changing" the general mood of the meeting.
The two following quotes summarize the arguments:
The WIPO treaty for the Protection of Broadcasting Organization: The Way Forward?
On day 2 of Standing Committee on Copyright and Related Rights (SCCR) 27, it looks as if the US delegation was showing the SCCR delegates a "way forward" for a new treaty for broadcasting organizations. It seemed as if US diplomacy was working efficiently and the US proposal was gathering support. However, while the US proposal was indeed gathering support, public interest groups and copyright owners also became more vocal in their opposition to the proposal on the table.
The Republic of Korea delivered the following statement outlining the position of the Asia Pacific Group (a large and diverse group of Member States including but not limited to Bangladesh, India, Indonesia, Iran, the Republic of Korea and Singapore).
Asia Pacific Group Statement for SCCR 27- final
Thank you Mr. Chairman
Good morning dear colleagues.
I have the honour to deliver this statement on behalf of Asia Pacific group.
The WIPO Standing Committee on Copyright and Related Rights (SCCR27) is currently discussing Article 6 (Scope of Application) of the working text of the proposed Treaty on the Protection of Broadcasting Organizations (SCCR/27/2).
The United States of America delivered this nuanced intervention on the Scope of Application.
KEI comment to SCCR 27 on the proposed Broadcasters Treaty
KEI is a non-profit organization representing consumer and public interests and seeking better outcomes for knowledge governance.
KEI opposes continued discussions in the SCCR on the treaty for broadcasting, for the following reasons.
1. The broadcasting organizations have failed to explain (a) the problem the treaty is supposed to address, (b) how the proposed text is related to the alleged problem.
On Tuesday, 29 April 2014, Knowledge Ecology International (KEI) will convene a panel at WIPO headquarters entitled, The Tunis Model Law on Copyright for Developing Countries: Is it Time for an Update?