Original news and analysis on international IP policy
With talks on the controversial Trans-Pacific Partnership (TPP) agreement about to resume, members of Congress are putting pressure on the Obama administration to disclose what it's seeking on intellectual property rights. And civil society groups say that even more worrying than the closed-door nature of the TPP negotiations is the United States' increasing use of bilateral meetings to sway other countries.
Two very different views of copyright reform emerged this week, one from a report commissioned by the UK government, the other from a French citizens' advocacy group. The former envisions an intricately linked system of digital rights exchanges and databases to streamline copyright licensing, the latter broad, “non-market” sharing of protected works between individuals, among other things. Whether either approach is feasible remains to be seen, and, as always, the devil's in the details, lawyers say.
The European Commission has announced plans to ease access to scientific research results, paving the way for what it hopes will be greater innovation and a higher return on its multi-billion euro annual research and development investment. And it was preceded one day by a similar plan in the United Kingdom.
Theft of trade secrets, or “confidential business information,” has reached such an appalling level that legislative action is needed, industry groups say. They're pushing the European Union and United States to get involved, and may be making headway.
The United Kingdom government has done a “considerable amount” of high-grade policy development work in the year since publication of a key report on the health of its intellectual property regime but must move faster, the Commons Business, Innovation and Skills Committee said on 27 June. It strongly criticised Britain's approach to the controversial proposal for a unified EU patents.
European Union institutions this week informally agreed on how to handle “orphan works” - those whose creators cannot be found. The proposed new directive is the first legislation to come out of the European Commission (EC) intellectual property rights strategy adopted in May 2011, Internal Market and Services Commissioner Michel Barnier said on 6 June.
Pressure is growing in Europe for open, free access to research results, particularly if they are publicly funded. The European Commission (EC) said this week it will propose a plan for open access soon, while the Wellcome Trust and Research Councils UK are cracking down on researchers who don't comply with their policies.
Stalled talks on Europe's broken system of private copying levies resumed on 2 April, with European Commission-appointed mediator António Vitorino laying out his goals and urging parties to move beyond their entrenched positions. Meanwhile, a report for rights owners found that abolishing levies will hurt them as well as device makers and, possibly, consumers. And in another copyright-related development, a UK government study identified problems with the country's copyright licensing regime.
The controversial Anti-Counterfeiting Trade Agreement consumed hours of European Parliament time this week as the European Commission sought to persuade lawmakers to approve it. But no matter how often EC officials, academics and lawyers said the treaty will not change EU law, scepticism still remains about its potential impact on digital freedoms and access to generic medicines in developing countries – including from the Parliament member who will author the legislative report.
With European hopes for economic recovery pinned in large part on a more vibrant digital single market, 2012 will likely see a flurry of intellectual property-related legislative activities. Much of it centres on copyright, but the year may also bring movement on a unified European patent and changes in trademark law.