Colombian NGOs File Compulsory License Request on Lopinavir/Ritonavir (Kaletra)

Colombian NGOs filed requests for an open compulsory license on AIDS drug lopinavir/ritonavir (Abbott's Kaletra) with the Colombian government. The compulsory license request comes three months after Colombian civil society requested an open license for lopinavir/ritonavir directly from Kaletra manufacturer and patent holder Abbott Laboratories. To date, Abbott has not responded to the groups' request.

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The Constitutionality of Massachusetts' Legislation to Ban Data Mining

Opponents of the Massachusetts ban on data mining claim that it violates the First Amendment rights of data miners. However, this law is not unconstitutional due to a key distinction between commercial speech and consumer surveillance. Only the former is protected by the First Amendment.

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Getting to Know Your Code of Best Practices

The July 7 release of the new “Code of Best Practices in Fair Use for Online Video” (coordinated by the Center for Social Media and PIJIP) has given rise to an important question about how to interpret the document’s six “Principles” and their associated “Limitations.” So it may be worth noting that all the principles also are subject to some general limiting considerations.

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Negotiations for an Anti-Counterfeiting Trade Agreement raise concerns

The US, EU and eleven other developed countries have initiated talks to form an Anti-Counterfeiting Trade Agreement (ACTA). The talks have been confidential, and no formal text is available, but a “Discussion Paper” circulated among participants was leaked and is now available on the web.

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Supreme Court Reaffirms Principles of Patent Exhaustion in Quanta Computer v. LG Electronics, No. 06-937

In a widely anticipated case, the Supreme Court issued a unanimous but narrow decision holding that the sale by an authorized licensee (Intel Corp.) of computer microprocessors and chipsets that “substantially embodied” LGE’s patented methods of retrieving, processing, and transferring stored data “exhausted” LGE’s patent rights, and thus the purchaser of the microprocessors and chipsets (Quanta) was not liable for selling completed computers that integrated the microprocessors and chipsets.

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Overview of the Human Rights and Access to Medicines Legal Education Initiative

Last month, I traveled to South Africa to launch a new Human Rights and Access to Medicines Legal Education Initiative. The objectives of the Initiative, which is sponsored by the Open Society Institute, is to create (1) an annual short course on Human Rights and Access to Medicines at the University of Pretoria's Center for Human Rights, and (2) a student advocacy project to assist advocates develop human rights strategies to complement and amplify access to medicines campaigns.

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Views on the 61st World Health Assembly Adoption of 'Global Strategy on Public Health, Innovation and Intellectual Property'

On 24 May 2008, the 61st World Health Assembly, the World Health Organization’s highest governing body, adopted the Global Strategy on Public, Innovation and Intellectual Property. This blog entry contains a collection of quotes from civil society and government officials on the negotiations and the final document.

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The Rule of Law and Copyright's Distribution Right

As Bill Patry reports, District Judge Michael Davis has asked for briefing on whether he must order a new trial in the best-known P2P copyright infringement case against an individual. The reason is that Judge Davis is properly concerned that he committed legal error by accepting the RIAA's proposed jury instruction that equates the copyright owner's right of public distribution with a right of merely making copies available for distribution or reproduction.

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U.S. Competition Policy Frequently Deployed to Remedy Anti-Competitive Practices Related to Pharmaceutical Patents

U.S. competition authorities often issue compulsory licenses in conjunction with merger approval decisions, as a means to ensure competition in particular markets is maintained post-merger. Competition authorities have repeatedly prosecuted cases to prohibit collusive arrangements between patent holders and generic firms that are designed to delay generic competition.

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En Banc Federal Circuit Addresses Patentable Subject Matter in In re Bilski.

The Federal Circuit heard oral argument yesterday on a case addressing a three-step method of hedging commodities consumption price risks. The claim requires that a person initiate transactions with commodities purchases at a fixed price based on historic averages, identify other purchasers having a different risk position, and then initiate transactions with those other purchasers.

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