Mike Palmedo

Mike Palmedo is the admin for infojustice.org, and he manages interdisciplinary research on copyright exceptions at American University College of Law's Program on Information Justice and Intellectual Property. He has Masters degrees Economics and in International Affairs, and is an economics PhD candidate.
  • Joined: January 13, 2011
  • Articles: 783

The Value of Indian Patents: An Empirical Analysis Using Citation Lags Approach

[Mohammad Danish and Ruchi Sharma] Abstract: Our study examines whether the growth in patenting activity in India, spurred by policy changes such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), is reflected in a corresponding increase in the ‘quality’ of Indian patents. To investigate this, we utilise 6,777 Indian patent data granted by the United States Patent and Trademark Office (USPTO), which were filed between 1984 and 2015.

Fixing WIPO’s Proposed Broadcasting Treaty

[Electronic Information for Libraries] At WIPO’s Standing Committee on Copyright and Related Rights (SCCR/43) that took place in April 2023, delegations were invited to send written comments on the latest version of the draft treaty for the protection of broadcasting organizations presented at the meeting (Second Revised Draft Text for the WIPO Broadcasting Organizations Treaty, document SCCR/43/3). While the text presented at SCCR contained improvements that were welcome e.g. the section on limitations and exceptions (L&Es) was expanded to include uses for teaching and research, as well as preservation of the programme material carried by the signal, the changes don’t go far enough.

Colombia Changes Its Position on the Budget at WIPO

[Carolina Botero] Keeping track of the budgets of entities is boring, but it is key because it defines what is funded and what is not. Last week the Member countries of the World Intellectual Property Organization (WIPO) held the first of two meetings to approve the budget that will now include work on exceptions and limitations.

Measuring Change in Copyright Exceptions for Text and Data Mining

[Michael Palmedo, Momina Imran, Miguel Alvarenga, Luca Schirru, and Duc Le] Abstract: Copyright exceptions for researchers are under debate at the World Intellectual Property Organization and within domestic governments, yet empirical research in this area is rare. In this early working paper, we aim to add to this nascent body of research. We expand PIJIP’s previous review and classification of copyright exceptions in WIPO Members’ laws by tracing changes in the laws over time. We find that most countries have copyright exceptions allowing some unauthorized uses for research purposes. However, most countries’ exceptions restrict some mix of the users, uses, or types of works that are allowed.

Pandemic Accord: MSF’s Comments on Equity Provisions in WHO’s Zero Draft

[Médecins Sans Frontières] In this briefing document, MSF analyses provisions related to transparency, intellectual property (IP), research and development (R&D), antimicrobial resistance (AMR), stockpiling, and access and benefit sharing in the accord zero draft. The definitions and scope of these provisions, as well as the nature of obligations contained therein, are key to determining the extent to which the accord can meaningfully address inequity.

Trade Associations Write USPTO in Opposition to WIPO Broadcast Treaty

Six trade associations have written Mary Critharis, Director of the USPTO's Office of Policy and International Affairs, urging the U.S. delegation to the World Intellectual Property Organization (WIPO) to oppose the Broadcast Treaty. The treaty is under debate this week at WIPO's Standing Committee on Copyright and Related Rights. The letter explains that "a rights-based broadcasting treaty is unnecessary and counterproductive" and that signal theft can be combatted through "a treaty narrowly focused on signal theft, consistent with the approach taken in the United States."

US ITC Investigation on Whether to Extend TRIPS Waiver Is Accepting Comments Through Friday, March 17

[Mike Palmedo] The U.S. International Trade Commission is writing a report (requested by USTR) investigating "whether to extend flexibilities under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) to COVID-19 diagnostics and therapeutics." It is seeking comments from all interested parties on this question and a broad set of sub-questions related to TRIPS flexibilities and access to medicines. The deadline to submit comments is this Friday, March 17.

Evaluating the Impact of Data Exclusivity on the Price of Pharmaceutical Imports

[Mike Palmedo] I have a new paper in the Journal of Globalization and Development. "Evaluating the Impact of Data Exclusivity on the Price of Pharmaceutical Imports" finds large increases in the price of imported medicines when the U.S.'s trading partners implement data exclusivity to meet FTA obligations. The full impact of data exclusivity laws took many years to become apparent though observation of aggregated prices, because the laws themselves only applied to medicines new medicines.

USITC Launches Investigation on Covid-19 Diagnostics and Therapeutics, and Flexibilities Under the TRIPS Agreement

[Mike Palmedo] The U.S. International Trade Commission has launched an investigation (USITC) "to inform consideration of whether to extend flexibilities under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) to COVID-19 diagnostics and therapeutics." The investigation was requested by USTR. The announcement includes a request for comments from "foreign governments, non-governmental health advocates, and diagnostic and therapeutic manufacturers." There will be an open public hearing on March 29, and requests to testify are due by March 15. The deadline for written comments is May 5.

USTR Requests International Trade Commission Study of COVID-19 Diagnostics and Therapeutics

[Mike Palmedo] U.S. Trade Representative Katherine Tai has requested that the International Trade Commission conduct a study on the market dynamics of COVID-19 diagnostics and therapeutics. She is requesting a wide variety of subtopics be included in the report, including "The relationship between patent protection and innovation in the health sector and between patent protection and access to medicine in LICs, LMICs, UMICs, and HICs; "Actions taken by WTO Members to use or attempt to use compulsory licenses for the production, importation, or exportation of pharmaceutical products and the outcomes of those actions, including the effect on product access, innovation, and global health"

AELK and EIFL submit comments on Kosovo’s Draft Law on Copyrights and Related Rights (2022)

[Electronic Information for Libraries] EIFL and our partner, the Association of Electronic Libraries in Kosova (AELK) participated in a public consultation organized by the Ministry of Culture, Youth and Sports of the Republic of Kosovo on the new draft copyright law. EIFL and AELK submitted comments on the new draft law. Our comments concerned three areas: compliance with the Marrakesh Treaty for persons with print disabilities, exceptions for libraries, and the three-step test (that sets conditions for the use of an exception).