Knowledge Ecology International

ISP sources defend USTR proposals in TPP on copyright limitations: undermine opposition to USTR proposal

Posted on August 14, 2012 by James Love

A story today by Adam Behsudi in the trade publication, Inside U.S. Trade, quotes from ISP industry sources who basically defend the USTR position, which is the worst among the TPP negotiating countries. Taken as a whole, we read the ISP positions as both weak and incredibly damaging, as they are undercutting real opposition to the USTR proposal by non-US governments in the TPP negotiations. Continue Reading →

The 1967 Stockholm Revision of the Berne Convention Protocol Regarding Developing Countries

Posted on August 12, 2012 by James Love

The 1967 Stockholm Revision of the Berne Convention Protocol Regarding Developing Countries This could be referred to as the forgotten access to knowledge treaty. The text of the 1967 Protocol for Developing Countries in the Stockholm Revision of the Berne… Continue Reading →

Copyright exception for U.S. libraries and archives when works not available at reasonable price

Posted on August 11, 2012 by James Love

Interesting exception in US copyright law tied to pricing of works, and year of copyright term.

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Berne Exceptions not subject to 3-step test

Posted on August 7, 2012 by James Love

When politicians and trade officials tell you they want to impose a restrictive 3-step test to narrow the copyright limitations and exceptions permitted under the Berne Convention, take a minute to review what the Berne exceptions cover, and ask yourself, why would anyone want to further limit these exceptions?

[The related rights in the Rome Convention, the rights in the WCT, WPPT and Beijing treaties, and the flexabilities in the WTO TRIPS Agreement require a separate discussion].

Article 2(4,7 and 8) – Protected Works:

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Four drafts from SCCR 24

Posted on August 7, 2012 by James Love

Chair’s Non Paper, PROTECTION OF BROADCASTING ORGANIZATIONS, SCCR 24, July 23, 2012
Working document (Rev. 5), July 25, 2012, Provisional Working Document Containing Comments On And Textual Suggestions Towards An Appropriate International Legal Instrument (In Whatever Form) On Limitations And Exceptions For Educational, Teaching And Research Institutions And Persons With Other Disabilities

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Leak of TPP text on copyright Limitations and Exceptions

Posted on August 4, 2012 by James Love

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Dmitry Medvedev’s Nov 2011 message to the G20 leaders on call for new copyright treaty

Posted on August 3, 2012 by James Love

In 2011, Russia made a very important proposal to the G20 regarding the need for new global norms on copyright. Just a few parts of the message illustrate its ambition.

to expand the opportunities of right holders to manage and exercise the rights to the results of intellectual activities on the Internet;
to amend the way of obtaining a right holder’s consent

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TPP IP text would restore right to sue surgeons and other medical professionals for patent infringement. Why?

Posted on August 2, 2012 by James Love

Kista Cox on a provision in the TPP trade negotiation that would restore right to sue surgeons and other medical professionals for patent infringement. The US law (35 USC 287(c)) was changed after lawsuits were filed against surgeons performing certain procedures in eye surgery. USTR and USPTO have been asked to protect this exception in the TPP Intellectual Property Chapter, but have not done so.

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2012: NIH case: exclusive rights in regulatory test data are absolute, even where there are drug shortages

Posted on July 31, 2012 by Krista Cox

In August 2, 2010, the National Institutes of Health (NIH) was asked to grant an open license to permit manufacture of Fabrazyme, a drug used to treat Fabry disease (more on the march-in case here: https://www.keionline.org/fabrazyme). On December 1, 2010, Francis S. Collins, Director of the NIH issued a determination in the case, rejecting the petition for the NIH to exercise its march-in rights, citing as support for the denial that granting march-in rights would not overcome other barriers, including the exclusive rights in test data.

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DG-Enterprise – data exclusivity prevents access to life saving drugs (in the EU), even in an emergency situation

Posted on July 31, 2012 by James Love

On February 20, 2006, Martin Terberger, the Head of Unit for Pharmaceuticals in the European Commission Directorate-General for Enterprise and Industry, wrote to Greg Perry of the European Generic medicines Association (EGA). The letter was a follow-up to an inquiry from the EGA regarding “the question of data exclusivity under the European pharmaceutical legislation,” in cases where a government overrode the exclusive rights of a patent and granted a compulsory license, and/or in a case of a medical emergency.

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Interesting exception in US copyright law tied to pricing of works, and year of copyright term.

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