James Love's blog | Knowledge Ecology International

Berne Exceptions not subject to 3-step test

Posted on August 7, 2012 by James Love

When politicians and trade officials tell you they want to impose a restrictive 3-step test to narrow the copyright limitations and exceptions permitted under the Berne Convention, take a minute to review what the Berne exceptions cover, and ask yourself, why would anyone want to further limit these exceptions?

[The related rights in the Rome Convention, the rights in the WCT, WPPT and Beijing treaties, and the flexabilities in the WTO TRIPS Agreement require a separate discussion].

Article 2(4,7 and 8) – Protected Works:

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Four drafts from SCCR 24

Posted on August 7, 2012 by James Love

Chair’s Non Paper, PROTECTION OF BROADCASTING ORGANIZATIONS, SCCR 24, July 23, 2012
Working document (Rev. 5), July 25, 2012, Provisional Working Document Containing Comments On And Textual Suggestions Towards An Appropriate International Legal Instrument (In Whatever Form) On Limitations And Exceptions For Educational, Teaching And Research Institutions And Persons With Other Disabilities

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Leak of TPP text on copyright Limitations and Exceptions

Posted on August 4, 2012 by James Love

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Dmitry Medvedev’s Nov 2011 message to the G20 leaders on call for new copyright treaty

Posted on August 3, 2012 by James Love

In 2011, Russia made a very important proposal to the G20 regarding the need for new global norms on copyright. Just a few parts of the message illustrate its ambition.

to expand the opportunities of right holders to manage and exercise the rights to the results of intellectual activities on the Internet;
to amend the way of obtaining a right holder’s consent

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TPP IP text would restore right to sue surgeons and other medical professionals for patent infringement. Why?

Posted on August 2, 2012 by James Love

Kista Cox on a provision in the TPP trade negotiation that would restore right to sue surgeons and other medical professionals for patent infringement. The US law (35 USC 287(c)) was changed after lawsuits were filed against surgeons performing certain procedures in eye surgery. USTR and USPTO have been asked to protect this exception in the TPP Intellectual Property Chapter, but have not done so.

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DG-Enterprise – data exclusivity prevents access to life saving drugs (in the EU), even in an emergency situation

Posted on July 31, 2012 by James Love

On February 20, 2006, Martin Terberger, the Head of Unit for Pharmaceuticals in the European Commission Directorate-General for Enterprise and Industry, wrote to Greg Perry of the European Generic medicines Association (EGA). The letter was a follow-up to an inquiry from the EGA regarding “the question of data exclusivity under the European pharmaceutical legislation,” in cases where a government overrode the exclusive rights of a patent and granted a compulsory license, and/or in a case of a medical emergency.

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KEI comment on SCCR 24

Posted on July 26, 2012 by James Love

The final conclusions of SCCR 24 are available here.

I’m going to spend some time adding to this, but to have something out quick, here are few thoughts.

1. Disabilities.

The Good: sets the stage for diplomatic conference in 2013, which is now highly likely.
The Bad: Lots of brackets in the text, and EU bent on making the agreement unworkable, and the US and EU hold off on the “nature of the instrument” is a treaty discussion.

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Final conclusions from SCCR 24

Posted on July 26, 2012 by James Love

These are the final conclusions from SCCR 24, as approved early Thursday morning.

World Intellectual Property Organization (WIPO)
Standing Committee on Copyright and Related Rights (SCCR)
Twenty–fourth Session
Geneva, July 25, 2012

Draft conclusions

Agenda

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Access to Knowledge, Negotiations SCCR 24, WIPO

SCCR/24/9 Prov. The revised “instrument” for copyright exceptions for disabilties

Posted on July 25, 2012 by James Love

Attached below is the new text of the “instrument” for copyright exceptions for disabilties.
—————————
SCCR/24/9 Prov.
ORIGINAL: English
DATE: July 25, 2012

Standing Committee on Copyright and Related Rights

Twenty?fourth Session
Geneva, July 16 to 25, 2012

REVISED Working Document on an International Instrument on Limitations and Exceptions For Visually Impaired Persons/Persons with Print Disabilities

prepared by the Secretariat
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Author: James Love

Copyright exception for U.S. libraries and archives when works not available at reasonable price

Interesting exception in US copyright law tied to pricing of works, and year of copyright term.

Berne Exceptions not subject to 3-step test

Four drafts from SCCR 24

Leak of TPP text on copyright Limitations and Exceptions

Dmitry Medvedev’s Nov 2011 message to the G20 leaders on call for new copyright treaty

TPP IP text would restore right to sue surgeons and other medical professionals for patent infringement. Why?

DG-Enterprise – data exclusivity prevents access to life saving drugs (in the EU), even in an emergency situation

KEI comment on SCCR 24

Final conclusions from SCCR 24

SCCR/24/9 Prov. The revised “instrument” for copyright exceptions for disabilties

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