Original news and analysis on international IP policy
European Trade Commissioner Cecilia Malmstroem, speaking to the President of the German Bundestag, Norbert Lammert, announced reading rooms for the consolidated texts of the Transatlantic Trade and Investment Partnership (TTIP) in all capitals of the EU member states.
Colombia has a decision to make. A full year has passed from the November 24, 2014 request by iFarma, Misión Salud and CIMUN for a declaration of the public interest regarding the cancer drug imatinib (marketed by Novartis as Gleevec/Glivec), the first step on the path toward a compulsory license in Colombia. Thus far, Colombia’s Ministry of Health and Social Protection has failed to act one way or another, leaving patients in limbo and the government at the mercy of a Swiss pharmaceutical giant that reported revenue of over $57.9 Billion USD in 2013, write James Love and Andrew S. Goldman.
The United Nations Development Programme joined forces with the World Blind Union to prepare a new report aimed at facilitating Asia-Pacific countries’ ratification of a treaty designed to help visually-impaired people access special format books.
Latin American and Caribbean countries have tabled a new proposal for next week’s meeting of the World Intellectual Property Organization committee on copyright. The proposal calls for analysing copyright related to the digital environment.
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.
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.
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.
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.
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?
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.
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.
The World Intellectual Property Organization Deputy Director General responsible for copyright, Anne Leer, has decided to resign her post, citing personal reasons.