Original news and analysis on international IP policy
Another chapter of the Brazilian copyright reform is out. The third version of the draft bill leaked a few days ago to a major newspaper in the country, and a handful of academics had access to it, writes Pedro Paranaguá.
A “clatch” is another word for “brood”, which is a not inappropriate word in the present circumstances – considering that Canada’s highest court will hear five (yes, five!) cases on December 6 and 7, 2011 that all emanate from Canada’s Copyright Board, writes Howard Knopf.
On September 16, 2012, the post-grant review process in the United States will change to closely resemble the opposition procedures in Europe even down to the same nine-month window after grant to oppose. With these new changes going into effect in less than a year, it is important for practitioners to use this time to become familiar with the new procedures and processes, writes Michael Siekman.
So, the Department of Trade and Industry (“DTI”) has finally gone ahead and done it. It has caused the South African Government to pass the Intellectual Property Laws Amendment Bill (the so-called “Traditional Knowledge Bill”) despite vociferous objections from all quarters. It has rushed headlong into terrain where no angel would venture through acute trepidation. It has entered Wonderland and assumed the role of the Mad Hatter, writes Professor Owen Dean.
The role of online intermediaries in copyright enforcement is on the international negotiating table in recent plurilateral trade agreements. Those negotiating with the US would be advised to examine carefully what is being offered, writes Margot Kaminski.
US companies are generally known to be much more litigious than non-US companies. Thus, if you are a non-US company looking to enter the US market, it is prudent to understand the nuances of responding to a cease and desist letter. While cease and desist letters can be upsetting and sometimes confusing, there are a series of steps that companies can take to be better prepared in the event that they do receive one.
The Protect IP Act, currently pending in the United States Senate, contains a range of steps designed to support the holders of American copyrights and trademarks by fighting a specific part of the online infringement problem: “rogue” websites whose primary or intended use is the infringement of US copyrights or trademarks. The bill would take promising new steps to diminish the financial rewards of IPR infringement - but it is saddled with ill-advised information blocking provisions that should, and probably will, be prevented from passing the Senate in its current form, writes David Robinson.
Some pending thorny issues linked with trade and access to medicines in developing countries did not come up at the September Public Forum of the World Trade Organization. As unsolved matters closely joining together trade and equitable access to medicines, they might serve as things the WTO should consider to help keep itself relevant and interesting, writes Daniele Dionisio.
“Ex Africa semper aliquid novi”, which can be freely translated from Latin to mean “there is always something new coming out of Africa,” said Pliny, the ancient Roman writer and scholar. Presumably then, as is the case now, the concept of “new” included an expression of sarcasm and deprecation as in “absurd, nonsensical and ridiculous.” Well, Pliny has been proved right once again, writes Prof. Owen Dean.
In reaction to the recent IP-Watch Inside Views post “Health Impact Fund – Raising Issues of Distribution, IP Rights and Alliances,” by Sakiko Fukuda-Parr and Proochista Ariana, the authors offer a response on behalf of Incentives for Global Health (IGH), the non-profit organization that is developing the Health Impact Fund (HIF) proposal.
Penye nia, pana njia. A Swahili proverb for “when there's a will, there's a way,” this might well be the motto for innovative entrepreneurs the world over. Whether they’re based in Nairobi, Brussels or Silicon Valley, what matters the most to entrepreneurs is the success of their businesses. Of course, what's "in the way" of that success can vary considerably, writes Jonathan Zuck.
This piece raises several issues with the public health financing proposal called the Health Impact Fund. It questions the relative distribution of costs and benefits; the persistent issue of intellectual property rights; as well as a lack of alliance with existing efforts to increase innovation of and access to essential medicines for the poor.