Treaty for the Blind: US démarche opposes references to “fair practices, dealings or uses to meet their needs”

As mentioned in our piece, State of Play: Treaty for the Blind negotiations at the World Intellectual Property Organization, the February 2013 special session of the WIPO Standing Committee on Copyright and Related Rights (SCCR) reached agreement on a cluster of provisions on the Treaty’s treatment of the copyright three-step test that resulted in the ARTICLE(S) section contained in SCCR/25/2/Rev. Continue Reading

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MPAA, other publishers ask White House to take hard line in Treaty for Blind negotiations

In Geneva this week the US government is taking a harder line in the WIPO negotiations for a treaty on copyright exceptions for the blind, and the reason is simple — lobbyists for the MPAA and publishers have been all over the White House, demanding a retreat from compromises made in February, and demanding that the Obama Administration push new global standards for technical protection measures, strip the treaty text of any reference to fair use and fair dealing, and impose new financial liabilities on libraries that serve blind people. Continue Reading

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SCOTUS Oral Arguments in AMP v. Myriad Genetics; Court to Determine Answer to Question: Are Human Genes Patentable?

On 15 April 2013, the Supreme Court of the United States heard oral arguments in the case Association for Molecular Pathology, et. al., v. Myriad Genetics, et. al, hearing arguments over the question: are human genes patentable? The case, which has been litigated since 2009, specifically involves two genes, known as the BRCA1 and BRCA2 genes which are associated with an individual’s susceptibility to breast and ovarian cancer. Continue Reading

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WIPO broadcast treaty discussions: US advocates for a simplified signal-based approach

On 11 April 2013, the United States made the following intervention on day 2 of the WIPO inter-sessional meeting on the protection of broadcasting organizations. The US noted the concerns expressed by content holders, technology companies, consumer and civil society groups about “creating extra layers of protection requiring additional clearance of rights”.

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WIPO broadcast treaty: zombie agenda coming back to life?

In 2007 the General Assembly of the World Intellectual Property Organization (WIPO) buried the broadcast treaty in cold storage when it decided (WO/GA/34/16) that the convening of a Diplomatic Conference for the Protection of Broadcasting Organizations could only take place “after agreement on objectives, specific scope and object of protection has been achieved.” Commenting on the broadcast treaty and the break down in negotiations, KEI noted in 2007:

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The WIPO Broadcast Treaty Negotiations Begin

This week the WIPO Standing Committee is holding a meeting to consider a possible treaty for broadcasting organizations. KEI thought this treaty negotiation had been blocked by fundamental differences over the purposes and scope of the treaty in 2007, but in the past few years the US Copyright office asked to put the issue back on the SCCR agenda, and subsequently Francis Gurry and Ambassador Trevor Clarke from the WIPO Secretariat have pushed to reach a conclusion, and more recently South Africa, Mexico, Japan and some other countries are now quite active, in favor of a new treaty.

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WIPO treaty for the blind and Article F: Obligations concerning technological protection measures

In the final stretch towards the Marrakesh Diplomatic Conference to conclude a Treaty for the Blind, Visually Impaired and other Reading Disabled Persons (17 June 2013 to 28 June 2013), it is perhaps important to take note of one important area of divergence, namely, the language contained in Article F of the Draft Text of an International Instrument/Treaty on Limitations and Exceptions for Visually Impaired Persons/Persons with Print Disabilities (SCCR/25/2 REV) w Continue Reading

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