Problematic Provisions in African Anticounterfeiting Legislation

photo from NASA / USGS

Recent Intellectual Property (IP) legislative acts in the East African Community threaten generic medicines producers with large fines and imprisonment. The Kenyan Anti-Counterfeit Law of 2009, as well as bills that Uganda and the East African Community Legislative Assembly are currently considering, define ‘counterfeit’ so broadly that it includes generic products.

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Cross-blogging -- IP, India, and Cultural Anthropology

I was recently invited to join the Madisonian.net blog as a contributor. For my first post there, I decided to discuss a recent meeting in Kolkata, India, hosted by a good friend Professor Shamnad Basheer of the National University of Juridical Sciences and the founder of the SpicyIP blog, that considered pending legislation to regulate ownership of inventions created with government funding.

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KEI Brownbag on Bilski - The Scope of Patentable Subject Matter and Its Effect on the Life Sciences

On September 10, 2009 KEI hosted a brownbag lunch to discuss the scope of patentable subject matter, focusing specifically on the implications for life-science patents of the Supreme Court's forthcoming review of the Bilski Federal Circuit opinion. This is the first time since 1981 that the US Supreme Court will address the limits of patentable subject matter.

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ACLU Gene Patents Challenge - Bilski Preview

Lori Andrews and I today filed a motion and an amicus brief on behalf of the American Medical Association, the American Society of Human Genetics, the American College of Obstetricians and Gynecologists, the American College of Embryology, and the Medical Society of the State of New York in Association for Molecular Pathology et al. v. U.S. Patent and Trademark Office, et al., No. 09 Civ. 4515 (RWS) -- the lawsuit filed by the ACLU and the Public Patent Foundation challenging the BRCA1 and BRCA2 gene patents owned by Myriad Genetics.

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CAFTA's Effect on Generic Drugs in Guatemala (New Paper by Ellen Shaffer and Joe Brenner)

A new paper provides empirical evidence that CAFTA's intellectual property provisions requiring data exclusivity have blocked generic products from entering the market, and in some cases forced existing generic products off the market in Guatemala. The paper was presented at the University of California's DC building this afternoon.

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SCOTUScast Debate on Bilski -- Shedding Light, Not Heat

I had the pleasure this summer of debating Michael Risch, with Adam Mossoff hosting, regarding patentable subject matter and the Supreme Court's upcoming decision in Bilski for the Federalist Society's terrific SCOTUScast blog series of commentaries on recent and upcoming Supreme Court cases.

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An Economic Justification for Open Access to Essential Medicine Patents in Developing Countries

Income by decile in South Africa

The paper that Sean Flynn, Aidan Hollis, and I wrote has been published in the Summer 2009 issue Journal of Law, Medicine and Ethics. The paper looks at monopoly pricing of essential medicines in countries with high levels of income inequality.

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More on Educational Fair Use - From an Unexpected Source

wcl  photo

When last I was heard from in this space, I was bemoaning the lack of any solid case law supporting what, at some level, we all know the be true: that the educational enterprise has a special place in the scheme of copyright law, and that - in particular - educational uses (both commercial and non-commercial) deserve special deference in fair use analysis. Since then, I've become aware of a development that seems worth commenting on, even though to do so puts me in a strangely divided position.

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Digital Copyright on the Road - Three Meetings

CC by Carroll

On July 11, I gave a keynote on Creative Commons and the principle of copyright neutrality at Campus Party 2009. On June 12-13, I participated in the Age of Digital Convergence conference organized by Peter Yu in conjunction with, and hosted by, Hong Kong University. On June 15, I participated in the 2009 International Workshop on Copyright Industries and Intellectual Property, hosted by the South China University of Technology in Guangzhou.

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12 Years of Data Exclusivity for Biologics?

cc license - photo by darren hester

Late last night the Senate Health committee voted 16 to 7 in favor of a proposal for 12-years of data exclusivity for brand-name biologics that was offered by Sens. Mike Enzi (R), Orrin Hatch (R-UT) and Kay Hagan (D-NC). This proposal was backed primarily by the brand-name biotech and pharmaceutical industry and opposed by consumer groups, state legislators, unions, several large employers, pharmaceutical benefit management firms, and generic drug companies

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