Category Enforcement

International ‘Making Available’ Right Becoming Less Available In US Law

By Steven Seidenberg for Intellectual Property Watch
The United States can't make up its mind. On one hand, the country has signed at least nine international agreements that explicitly provide a new digital right for copyright owners: the exclusive right to make their works electronically available to the public. On the other hand, the US courts are uncertain whether this "making available" right exists under US law.

US courts have split over this issue, with some recognising the right and others rejecting it. But a new trend may be emerging. In the last four months, four US federal district courts have ruled that "making available" is not a right recognised by US copyright law.

WHO Members Near Accord On Global Strategy On IP And Health

By William New Down to the final hours before the closing ceremonies of this year’s World Health Assembly, governments have nearly completed work on a global strategy to stimulate research into neglected diseases disproportionately affecting poor populations. But work skipped…

Suspending TRIPS Obligations: A Rising Alternative For WTO Retaliation

By Catherine Saez
Retaliating against a country found in violation of World Trade Organization rules by sanctioning the country's activities in an unrelated trade sector may be a more effective alternative for developing countries than retaliating under the sector of the violation, especially when such cross-retaliation involves WTO rules on intellectual property rights, an expert told a panel this week.