How The Leaked TPP ISDS Chapter Threatens Intellectual Property Limitations and Exceptions

sean flynn

By Prof. Sean Flynn, Associate Director, Program on Information Justice and Intellectual Property (PIJIP), American University Washington College of Law Reposted with permission from Infojustice.org, original here. I released a statement earlier today opining that the today’s leak of the Investor State Dispute Settlement (ISDS) chapter proposed for the Trans Pacific Partnership (TPP) agreement (available […]

TPP’s Copyright Term Benefits US, Burdens Others

US flag flies over world 2 by Svilen Milev

The US got its way. The Trans-Pacific Partnership agreement (TPP) will require all member nations to have a minimum copyright term of life plus 70 years. As a result, Japan, Canada, New Zealand, and three other nations will have to increase the duration of copyright by 20 years. This copyright term extension will benefit powerful interests in the US, but will hurt consumers and creators in six other nations that are part of the TPP.

No, Democracy is Not Excess Baggage

democracy image

There was quite some controversy at the 3-4 March 2015 UNESCO Connecting the Dots Conference regarding whether or not the term “democracy” should be included in the conference’s outcome statement to make it clear that internet governance must be democratic.

Revolving Chairs In The IP World: People Shift Positions. But Interests? Not So Much

Crowd-1-Stan-Douglas-850x504

A lot has happened among the global intellectual property community over the past months. Beyond the usual shifts in law offices, many key positions have either changed hands or been filled. For example, the European commissioners changed, and the United States nominated a new “piracy czar” and a new head of the US Patent and Trademark Office. The International Telecommunication Union, UNITAID and other organisations have new heads. And the World Intellectual Property Organization has a new top management team.

Non-governmental organisations and the private sector also saw a lot of movement in recent months, such as the Electronic Frontier Foundation, the Computer & Communications Industry Association, the International Trademark Association, the International Publishers Association, and the Motion Picture Association of America.

In this article, we take the opportunity to catch up. Here is a look at some of the changes.

Brazil’s Internet Legal Framework Regulation And Draft Bill For Privacy Law Public Consultation

Flavia Rebello

On 28 January 2015, the Brazilian Ministry of Justice launched public consultations involving two key pieces of legislation, namely: the decree that will regulate the Marco Civil da Internet or the Brazilian Civil Rights Framework for the Internet (the “Internet Legal Framework”); and the Draft Bill for the Protection of Personal Data (“Draft Bill”). A consultation period is being conducted in relation to these two laws via online platforms set up by the government.

The Legal Implications Of Medicinal Marijuana As A Geographical Indication For Jamaica

Cannabis_sativa_Koehler_drawing

Although there are ongoing negotiations to revise the Lisbon Agreement for the international recognition of GIs, there is currently no uniform reciprocal legal recognition for non-wine and spirit GIs in international jurisdictions. Jamaica’s Cannabis (hereafter marijuana), is identified by its government as one of the country’s products which is domestically GI registrable, writes Marsha Cadogan.

Why The Request By Least Developed Countries For An Extension Of The Transitional Period For Granting And Enforcing Medicines Patents Needs To Be Supported

Ellen 't Hoen

Ellen ‘t Hoen writes: On 24 February 2015 Bangladesh on behalf of the 34 Least Developed Country members (LDCs) of the World Trade Organization (WTO) submitted a request for an extension of the transitional period under article 66.1 TRIPS with respect to pharmaceutical products until the country is no longer classified as LDC.[1] The original extension, set to expire on 1st January 2016, specifically removes the obligation for LDCs to comply with Section 5 (Patents) and Section 7 (Protection of Undisclosed Information) of Part II of TRIPS, including any obligation to enforce rights under these provisions.

It is a little known fact that since the adoption of the 2001 Doha Declaration on TRIPS and Public Health, LDCs have frequently used the extension in day-to-day procurement of low cost generic medicines, in particular to access medicines needed for the treatment of HIV.

US Congress Reconsiders Anti-Patent Troll Law

US_Capitol_dome

It happened again on 5 February. The powerful chair of the House Judiciary Committee, Rep. Bob Goodlatte introduced the Innovation Act for a second time. This bill, aimed at hurting patent trolls by making a plethora of changes in US patent law, easily passed the House of Representatives last term. It subsequently bogged down in a Democrat-controlled Senate. However, now that the GOP controls both wings of Congress, many observers predict the bill will have soon become law. Other experts aren’t so sure, noting that the Innovation Act is drawing some powerful opposition – and not just from patent trolls.

Copyright Policy And The Right To Science And Culture

OHCHR-logo

Reposted from Afro-IP and infojustice.org: A report entitled ‘Copyright policy and the right to science and culture’ authored by the UN Special Rapporteur in the field of cultural rights, Farida Shaheed, has been released, writes Prof. Carolyn Ncube.

ANEPI IP News: Tres Cerveceros Y Una Marca (Three Brewers And A Brand)

three beers

Welcome to (ANEPI), the first Intellectual Property News Agency of Ecuador. The Agencia de Noticias Especializada en Propiedad Intelectual (ANEPI) publishes news, analysis, interviews, feature articles, a weekly update and more on Ecuador and the region, at http://www.anepi.ec. Articles are primarily in Spanish with some translation. Bienvenido a (ANEPI), La Primera Agencia de Noticias de […]