German Intelligence Services Oversight Body Files Action Against Government 02/12/2015 by Intellectual Property Watch Leave a Comment For the first time in its history, the G10 Commission, an oversight body over the German Intelligence Services, will go to court to challenge decisions by the German government and the services, German Public Broadcasting and the Süddeutsche Zeitung revealed last night.
Impact Of The TPP On The Pharma Industry 02/12/2015 by Intellectual Property Watch Leave a Comment The final text of the Trans-Pacific Partnership confirms beyond doubt the apprehensions expressed by civil society, academia and the generic industry about new barriers to access to medicines. The TPP has done away with several flexibilities provided under the TRIPS Agreement and the Doha Declaration on Public Health. Though the text mentions “nothing in this [IPR] Chapter limits a Party’s rights and obligations under Article 31 of the TRIPS Agreement,” the TPP Investment Chapter overrides these flexibilities, says D G Shah.
European Court Of Human Rights Finds Turkey Violated Freedom Of Expression In YouTube Blocking 01/12/2015 by Intellectual Property Watch Leave a Comment Ten sites allegedly disrespectful to Kemal Attaturk, founder of modern Turkey, were enough for the courts in Turkey to ban a whole platform – YouTube – from 2008 until the end of 2010. But a ruling of the European Court of Human Rights today declared the blanket blocking a violation of the right to receive and impart information freely, protected under Article 10 of the European Convention on Human Rights.
US Congressional Study Finds Excessive Profit-Seeking In USD84K Hepatitis Drug Sovaldi 01/12/2015 by Intellectual Property Watch Leave a Comment Two bipartisan United States senators today released the results of an 18-month investigation into the US$84,000 price of the Sovaldi hepatitis C drug, finding the pricing and marketing strategy was aimed at maximizing revenue at the expense of access and affordability. The new report also shows the high impact on US government drug procurement programs and other data.
Flexibility In The TPP Statutory Damages Provision 01/12/2015 by Intellectual Property Watch 2 Comments Jonathan Band writes: During the negotiation of the Trans-Pacific Partnership Agreement, many concerns were voiced about how TPP would mandate adoption of US-style statutory damages. Under the US Copyright Act, a court can award damages of up to $30,000 per work infringed, which can be ratcheted up to $150,000 per work infringed in cases of willful infringement. Scholars have found that statutory damages in the US have discouraged investment in innovative technologies while incentivizing the emergence of copyright trolls. So how bad is the statutory damages provision in the final TPP agreement?
At WIPO, Former South Africa Judge Calls For Balance In IP Rights Enforcement 24/11/2015 by Catherine Saez, Intellectual Property Watch Leave a Comment Alongside this week’s meeting of the World Intellectual Property Organization committee on enforcement, an event featured a former South African Supreme Court judge presenting his views on IP enforcement. There is a need to go for the “big fish,” he said, and to bring balance in sanctions and enforcement procedures. He also described courts as finding that exceptions to copyright are a public right.
A User-Focused Commentary On The TPP ISP Safe Harbors 24/11/2015 by Intellectual Property Watch 2 Comments Annemarie Bridy writes: Section J of the Trans-Pacific Partnership’s IP chapter, on ISP safe harbors, looks a lot like Section 512 of the DMCA [US Digital Millennium Copyright Act], but the two frameworks differ in some important respects that could negatively impact the global environment for user speech online. This post offers a comparison of Section J and Section 512 with a focus on the rights of users and the status of user expression in the TPP’s intermediary safe harbor provisions.
WIPO Deputy Director For Copyright Resigns 23/11/2015 by William New, Intellectual Property Watch 5 Comments The World Intellectual Property Organization Deputy Director General responsible for copyright, Anne Leer, has decided to resign her post, citing personal reasons.
Nigeria Prepares To Revamp Its Copyright System For The Digital Age 22/11/2015 by Dugie Standeford for Intellectual Property Watch 4 Comments Draft rules updating Nigeria’s copyright law regime are expected to be submitted to Parliament in 2016, Nigerian Copyright Commission (NCC) Regulatory Department Head Michael Akpan has said. While the provisions have already been thoroughly vetted by stakeholders during consultations, several are likely to be challenged, he told Intellectual Property Watch. [Updated]
ECJ: Topographic Maps, Geographical Information And The Interpretation Of “Independent Material” 20/11/2015 by Marie Barani for Intellectual Property Watch Leave a Comment The Court of Justice of the European Union gave a preliminary ruling on 29 October related to the definition of a “database,” more especially of the “independent material” constituting a database.