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KEI Voices Support for NIH Publication Mandate

On July 19th, the House of Representatives passed an appropriations bill for the Department of Labor, Health and Human Services, and Education which contained the following language:

WHO guide on compulsory licensing and government use: Forthcoming?

On 23 October 2006, the WHO, as an intergovernmental organization with observer status at the WTO TRIPS Council, presented a seven page report on its technical cooperation activities with respect to “Trade, Intellectual Property Rights and Access to Medicines”.

The full document IP/C/W/478/Add.4 can be found on the WTO document database:

KEI Comments on the XM/Sirius Merger

Before the
Washington, D.C. 20554

In the Matter of:
Applications for Consent to the Transfer of Control of Licenses
XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee
MB Docket No. 07-57

To: The Commission
Date: July 24, 2007
Re:  KEI Comments on the XM/Sirius Merger

Chile spearheads change at WIPO patent committee

In the wake of the recently concluded broadcasting negotiations at WIPO in June 2007 (Standing Committee on Copyright and Related Rights) where a proposed instrument for the protection of broadcasting organizations was put on cold storage but not terminated, a Chilean proposal on the examination of limitations and exceptions in the copyright area has come to the fore.

Kazakhstan Westinghouse coverage

Here are some recent news reports on the Westinghouse Kazakstan deal.

My recent blogs in the Huffington Post July 9, and July 13.

The July 7 AFP report on the July 7 Nikkei story is here:

The politics of group B and the WIPO Broadcasting treaty

While some of the news reports have focused on north/south disputes over limitations and exceptions to rights in the WIPO Broadcasting treaty, there is a also a growing divide between North America (US and Canada) on the one hand, and Europe and Japan, on the other, over the nature of the rights in the treaty. The EU position (followed by Japan), which is being pushed by the very non-neutral Finish chair, is for Rome+ rights, to reward investment, not creativity.

Comments on end of the SCCR meeting - (Treaty dipconf is not scheduled, and unlikely in near future)

Here are some additional observations, the day after the demise of the Jukka Liedes non-paper and the indefinite postponement of the diplomatic conference.

OECD High Level Forum to lend a boost to WHO IGWG?

The just concluded OECD High Level forum, held June 21 in Noordwijk in the Netherlands is, if it follows the agenda it has set for itself, to give political and perhaps financial impetus to the effort to WHO Intergovernmental Working Group on Public Health, Innovation and Intellectual Property.

The Casting treaty? No, It’s not really dead yet

Friday June 22 1 pm

The following is circulating right now:

Draft conclusions of the Second Special Session of the SCCR on the Protection of Broadcasting Organizations
Prepared by the Chair

The Committee made the following recommendation:
The Director General
-convenes a session for joint analysis of notions, terms and conceptual basis of the instrument

The General Assembly

-decides that a Third Special Session of the SCCR be convened in November/December 2007

Jukka and Keplinger want 2 meetings in 2007, Dipcom in 2008

The Draft conclusions by the Chair are out , and wow, what brass. Jukka is recommending that:

  • Idris as DG convenes a meeting in Sept 2007 for ” joint analysis of notions, terms and conceptual basis of the instrument.
  • The GA sets a SCCR for November/December 2007,
  • A dipcom be held in 2008.
  • It would even appear that webcasting is possibly back in.

    This is discussed at 2pm. It is all quite surreal.

“a tough but commendable decision”

They go into session today at 10am to discuss how to report the week’s events to the WIPO General Assembly, so officially, nothing is decided yet, but it appears as though WIPO will not be approving a diplomatic conference. Jukka Liedes, who has apparently chaired the WIPO copyright committee for all but two days over a twenty year period, may try to find a way to keep this alive, but many delegates are determined to move on to something else.

KEI Statement on breakdown of Broadcast Treaty negotiation

"Today the WIPO SCCR decided against scheduling a diplomatic conference to create a new treaty on broadcasting, and set a high bar for doing so.  Technically, the subject of the Broadcasting Treaty will continue to be on the agenda of the WIPO Standing Committee on Copyright and Related Rights, but with a fairly tough hurdle before it can move to a diplomatic conference --  after there is agreement on the objectives, scope and object of protection, topics for which there is no agreement in sight.

Jukka’s definition of a signal

In the new June 21 text of the non paper they have just handed out, the Chair has proposed a definition of a signal, finally. It is take from the Brussels Convention, and reads as follows:

( ) “signal” means an electronically-generated carrier capable of transmitting programs;

This is from Article 1 of the Brussels Convention, which reads:

(i) “signal” is an electronically–generated carrier capable of transmitting programmes;

In Russian, NGO opposition to the WIPO broadcast treaty

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