Information, Access, And Development: Setting A Course For The Sustainable Development Goals28/07/2017 by Intellectual Property Watch 1 CommentInformation is the raw material for decision-making. When individuals and groups make the right choices, based on good information, their chances of taking a full role in economic, social, cultural and civic life improve. They can better create and innovate, participate in politics, find and do their jobs well, and live healthily.Informed citizens and communities are also essential to the UN’s 2030 Agenda. We cannot have sustainable development when individuals are not able to deal with new choices and challenges autonomously, drawing on access to information. And we cannot have inclusive development, with no-one left behind, unless this access is real and meaningful for everyone.Libraries have long sought to do this, making sure that the world’s heritage is preserved and made accessible, allowing the sharing of knowledge between institutions and across borders, and giving children, families, students and others the chance to enjoy works which they could never afford to pay for individually.
Why Fair Dealing Is Not Destroying Canada Publishing25/07/2017 by Intellectual Property Watch 1 CommentFor the past few years, publishers around the world have engaged in a sustained campaign to hold up Canada as proof that making fair dealing more flexible for education will hurt publishers. Those efforts rarely tell the whole story: that paid access remains the primary source of materials in Canada, that educational copyright policies in Canada are primarily a function of court decisions not copyright reform (the emphasis on fair dealing came before the 2012 reforms), that global publishers were reporting marketplace challenges that have nothing to do with copyright, that Canadian publishers that supposedly stopped publishing were still in business, that court affidavits from Canadian publishers focus on many concerns other than copyright, and that a study from one Canadian publisher association highlighted issues such as open access and used book sales. University of Ottawa law professor Michael Geist expands on the reality of Canadian publishing and copyright law.
US, European Views On IP Management And Digital Business25/07/2017 by Guest contributor for Intellectual Property Watch Leave a CommentData-driven technologies are enabling the expansion of trade and data flows around the world. We have disruptive smart products, smart industrial processes, smart clouds and smart services. Traditional industries such as pharmaceuticals, chemical and mechanical engineering digitally transform production processes to generate custom-tailored services and improve competitiveness using artificial intelligence while new companies emerge with disruptive offers. Such artificial intelligence-based business models, however, are bringing about a rethinking in European regulations in relation to copyrights, such as that deployed by DeepMind and Pinterest, for instance, because machine learning may reproduce countless amounts of proprietary content to generate raw solutions. A recent event in Paris delved into these and other issues, including data ownership and access rights, as well as inventions by computers.
Six Inconvenient Truths About NAFTA Renegotiations21/07/2017 by Intellectual Property Watch 2 CommentsThe renegotiation of the North American Free Trade Agreement’s (NAFTA’s) standards on patents is not good news for Canada. Any give by Canada will be costly not only to our health care system, but also to Canadian innovators, write Jean-Frédéric Morin and Richard Gold.
To Print Or Not To Print: Innovation And IP Issues In 3D Printing19/07/2017 by Intellectual Property Watch Leave a Comment3D printing used to be an expensive product design tool, but it is quickly becoming an affordable and accessible technology. First emerging in the 1980s, the availability of low-cost, high-performance 3D printers has put the technology firmly within reach of consumers. While this provides a number of opportunities for designers and manufacturers, there is also concern around the impact on IP rights, writes Jia Li.
Course Packs For Education Ruled Legal In India: Triumph For Access To Educational Materials12/07/2017 by Intellectual Property Watch 2 CommentsOn 9 May 2017, a five year court battle between publishers and universities finally came to an end when the Supreme Court of India dismissed an appeal by the Indian Reprographic Rights Organization (IRRO) challenging an earlier judgment of Delhi High Court that ruled course packs in India legal for educational purposes.In a case that gained wide international attention, issues such as the cost of textbooks in India were raised, students agitated for fair access to educational materials, and the jurisprudence on copyright in India has taken a leap forward. In this guest blog, Anubha Sinha, Programme Officer on Openness and Access to Knowledge at the Centre for Internet and Society India, discusses the judgment in the case known as the ‘Delhi University photocopy’ case, and what it means for access to educational materials in India.
Lessons From South Africa: Protecting Non-Expressive Uses In Copyright Reform11/07/2017 by Intellectual Property Watch 2 CommentsThis week, the South African Parliament began accepting comments on its pending Bill proposing to amend the South African Copyright Act to align it with the digital age. http://infojustice.org/archives/38242 We and other experts and civil society organizations submitted comments praising many of the Bill’s provisions and proposing that it adopt an “open” fair use right. Here we focus on one major reason to adopt an open fair use right – to authorize so-called non-expressive uses of works. We conclude with some reflections on how international law could help in this regard.
Made In China: The Past, Present And Future Of Chinese IPR14/06/2017 by Intellectual Property Watch Leave a CommentConservative projections say that China will surpass the United States as the number one economy in the world by 2030, but the shift could happen as soon as next year. Either way, there’s no doubt that China has emerged as one of the most important commercial economies in the world, and businesses everywhere are vying to enter its market. However, there is a serious hurdle when foreign companies decide to take their products to China – intellectual property rights (IPR), or more accurately, the country’s lack of adequate IP protection. History shows that bringing business to China, while extremely lucrative, has also been extremely risky – but it’s a market that cannot be ignored. Here is a look at the past, present and future of IPR in China.
A Brief Analysis Of Nepal’s First National IP Policy09/06/2017 by Guest contributor for Intellectual Property Watch 1 CommentEarlier this year, the Nepal Government released its long-awaited first national intellectual property policy, after becoming the first least developed country (LDC) to join the World Trade Organization (WTO) on 23 April 2004.
US Supreme Court Adopts International Exhaustion Of Patents (Part II): Addressing the New Competitive Landscape08/06/2017 by Intellectual Property Watch 1 CommentThe US Supreme Court has created a new competitive landscape with its decision adopting international exhaustion of patents. For the pharmaceutical sector, we can expect an initial period of uncertainty as the US Food and Drug Administration (FDA) assesses the regulatory framework affected by the decision and as competing stakeholders advance their interests. In an earlier Inside Views contribution, I addressed the principal impact of the decision on the US pharmaceuticals market: downward pricing pressure.[1] This follow-on addresses some of the regulatory and access issues affected by the decision, observing that parallel trade in pharmaceutical products is a long-standing practice, that recently introduced US legislative proposals may shape the regulatory framework in the United States, and concluding with ways that access programs in favor of developing countries are protected.