Promoting Education Rights In South African Copyright Reform 04/12/2018 by Intellectual Property Watch 3 Comments Eve Gray and Desmond Oriakhogba write: The publishing industry is making a mad dash to defeat South Africa’s adoption of a fair use rights in Parliament on Wednesday. Their latest effort includes an alarmist petition being circulated among authors. It is interesting to note that, while one of the most persistent and loud complaints in these protests has been that the drafting of the new legislation was badly handled, our perception, along with a number of experienced observers in the process, has been that the level of discussion and debate; the degree of participation and engagement of government representatives; and the consensus on the needs to be addressed, was of a higher standard and the debate much better informed than in previous such attempts at reform over the past decades. It should also be noted that, while it is true that international publishers might have much to lose in the new law, local publishers, authors and students have much to gain. It is time to lower the heat and concentrate on the facts and context of what is before Parliament.
US IP Stakeholders Seek To Strengthen Public Support For IP, Ensure Future US Competitiveness 04/12/2018 by David Branigan, Intellectual Property Watch Leave a Comment NEW YORK — United States intellectual property stakeholders from academic, business and legal backgrounds gathered recently to discuss how to increase public support to strengthen the intellectual property rights system in the US, in light of China’s steady rise in numbers of patent and trademark filings. US IP stakeholders argued that developing public awareness and understanding of IP is key to building this support, with some holding diverging views on how to go about this.
Study Finds Arthritis Drug Enbrel Overpatented, Overpriced in US 04/12/2018 by Intellectual Property Watch Leave a Comment Initiative for Medicines, Access & Knowledge (I-MAK) released a new study yesterday showing that the rheumatoid arthritis drug Enbrel has been overpatented by drugmaker Amgen, which has filed a total of 57 patents on the drug in the United States. Together, these patents were said to delay market competition by 39 years, rather than the standard 20 years for one patent. The study found that this market exclusivity for Enbrel resulted in US$ 8 billion dollars in sales in 2017 alone.
Fight Over .Amazon: ACTO Countries Cancel Meeting With ICANN CEO 29/11/2018 by Monika Ermert for Intellectual Property Watch Leave a Comment The fight over delegating the .amazon top-level domain to Amazon LLC is not over. But the effort of the Internet Corporation for Assigned Names and Numbers (ICANN) to cut a deal between the regional Amazon Cooperation Treaty Organisation (ACTO) and online retailer Amazon has failed, according to ICANN CEO Göran Marby. [updated]
Do Patent Trolls Exist? Two Studies Reach Different Conclusions (Part 1) 29/11/2018 by Steven Seidenberg for Intellectual Property Watch 1 Comment They are called many things. Patent Assertion Entities (PAEs), Non-Practicing Entities (NPEs), Patent Trolls, and on occasion, names not suitable in polite company. They often are accused of harming innovation and the economy, while providing nothing useful in return. They, less often, are said to promote innovation, in part by helping small inventors monetize their discoveries. Two recent academic studies attempt to shed light on this dispute, but their findings seem contradictory – at least at first.
Open Music Initiative: Seeking To Drive The Beat On Global Standards, Rights Attribution 28/11/2018 by David Branigan, Intellectual Property Watch 1 Comment NEW YORK – The Open Music Initiative provides a forum for collaboration across academic, tech and music industry stakeholders around the world, and is working to develop the global standards for music rights attribution that could stand for the next 100 years. Establishing such standards will enable fair compensation to rights holders and creators, and establish a basis for ongoing innovation in the music industry, leading to new digital platforms and services, and new music, according to Open Music members.
German Hate Speech Legislation Receives Mixed Review At German Internet Governance Forum 28/11/2018 by Monika Ermert for Intellectual Property Watch 1 Comment BERLIN — Germany’s controversial hate speech legislation is working well, a representative of the German Ministry of Justice said during a panel today (27 November) at the German national Internet Governance Forum in Berlin.
Gene Editing: Fears Lead To Call For Moratorium At CBD, Discussions Ongoing 23/11/2018 by Catherine Saez, Intellectual Property Watch 2 Comments Gene editing techniques have opened the way to a new world of innovations. One of them is the potential eradication of malaria-carrying mosquitoes. What appears as a very attractive way to help with malaria eradication is denounced by civil society groups arguing that the technology is in its infancy. Wiping out entire species could have unforeseen environmental, health, and social consequences, they say. They are calling for a moratorium preventing the release of gene drive organisms in the wild. They also describe the gene drive mosquitoes as a Trojan horse, hiding broader interests of agricultural multinational corporations.
UN Committee Adopts ‘Landmark’ Declaration Reinforcing Peasants’ Rights To Seeds 23/11/2018 by Catherine Saez, Intellectual Property Watch 2 Comments The social, humanitarian and cultural committee of the United Nations meeting this month adopted a UN Declaration on the Rights of Peasants and Other People Working in Rural Areas. The declaration includes the right to save, exchange, and sell farm-saved seeds, a contentious issue for which small farmers have been campaigning for years.
African Civil Society Outcry Over ARIPO’s Closed Decision-Making On Health And IP 22/11/2018 by Intellectual Property Watch 1 Comment As the African Regional Intellectual Property Organization (ARIPO) Administrative Council meets this week, more than 60 civil society groups are calling for greater inclusion and more transparency on access to medicines and diagnostics. Signatories are asking for a review of the Harare Protocol on patents and industrial designs, and raised concern about over-reliance on advice of the United Nations intellectual property agency for decisions affecting broader public health in the region.