I want to thank my colleagues in the legal academy who responded to the AAP's unfounded legal attack on the NIH Public Access Policy by deflecting the TRIPS Hammer with a straightforward explanation of why TRIPS does not apply to the NIH policy. NIH is fully respecting copyright - an author's right. This blog contains their letter to House Judiciary Committee Chairman John Conyers.

More... (Comments: 0)

The WTO has issued a panel report in China — Measures Affecting the Protection and Enforcement of Intellectual Property Rights, a dispute brought by the United States last year. News reports indicate that the panel report is a split decision.

More... (Comments: 0)

There’s nothing like a misfired copyright claim to make a presidential campaign see the value of fair use. After finding several of its campaign videos removed from YouTube for copyright claims, the McCain-Palin campaign has fired off an eloquent defense of fair use — and another illustration of where the DMCA’s counter-notification process falls short.

More... (Comments: 0)

Gmail users in Germany were surprised this summer when instead of gaining access to their email, they were greeted with the following message: "We can't provide service under the Gmail name in Germany." ... Although the service is one of the most popular mail solutions on the Internet, it seems like the company must rename the product in multiple regions after some companies sustained that Gmail is a registered trademark.

More... (Comments: 0)

Rep. Michaud's legislation includes rules on what provisions can and cannot be included in future Free Trade Agreements. An item on health within the intellectual property section makes a specific reference to "terms relating to patents," which may not cover all of the FTA provisions that block generic competition, but another provision includes broader language that could apply to other forms of intellectual property.

More... (Comments: 0)

The current IP bill before the South African parliament, Intellectual Property Rights from Publicly Funded Research and Development ("IPR") Bill, aims to encourage South African innovation by providing public funding and managing IP to allow both protection and commercialization for "the benefit of society." The types of IP covered by the bill may or may not encompass certain documentary films.

More... (Comments: 0)

The recent declaration of Roche that it will refuse to supply the South Korean market with Fuzeon is the second major threat of this kind. Last year, Abbott refused to continue registration applications for several new drugs in response to a compulsory license issued by Thailand on Kaletra.

More... (Comments: 0)

Please join us this Thursday, October 2, from 12-2p.m. in room 415 for a discussion with Theresa Swinehart-->her career path after leaving WCL, recent developments in international and domestic law that affect her work in intellectual property law for ICANN, and more.

More... (Comments: 0)

The Department of Commerce hosted a public meeting on the Anti-Counterfeiting Trade Agreement. One reoccurring theme was that it would raise the minimum standards of enforcement to TRIPS-Plus levels, but it will not include limitations or exceptions to copyright that prevent against overzealous IP enforcement.

More... (Comments: 0)

According to a 2006 report by the Special Rapporteur on the Right to Health, Paul Hunt, states have an obligation under the International Covenant on Economic, Social and Cultural Rights (“ICESCR”) to respect, protect, and fulfill the right to health. The majority of African states are parties to the ICESCR, yet this right, particularly with regards to accessibility, is neglected. Many governments cite IP restrictions as the source of the problem, claiming that they limit availability and thereby hinder accessibility, but in many cases these governments have neglected to incorporate the flexibilities provided in TRIPS.

More... (Comments: 0)