Mike Palmedo

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: 364

Copyright Exceptions, Trade Agreements, and the Digital Economy

PIJIP has researched IP and trade for a while, but we’ve mostly focused on FTAs that included the US.  This year we’ve begun to broaden our view – to look more closely at agreements like RCEP and other Asia-Pacific agreements. This fall we began a detailed comparison of CPTPP, RCEP, CETA, RCEP, EU-Mercosur, EU-Japan, and the China-Korea FTA, with a focus on the copyright and enforcement provisions, and with an eye toward provisions that affect the digital economy. In the last few couple of weeks we’ve begun looking into the provisions in USMCA as well.  This post compares some of the existing text on two provisions: the ‘balance’ provision and protection of TPMs.

U.S., Canada and Mexico Agree Upon, and Release, Renegotiated Trade Agreement Text

Trade negotiators from the U.S., Canada and Mexico have agreed to a new NAFTA text. To take effect, the agreement will need to be approved by legislatures in all countries.... The Intellectual Property chapter lengthens copyright terms, and it does not include a version of the copyright balance language found in Art. 16.88 of the TPP. It requires 10 years of marketing exclusivity for biologic drugs and patents on second uses. 

IIPA Claims that South Africa’s Copyright Reform Bill Would Make the Country Ineligible for AGOA Benefits

The U.S. Trade Representative (USTR) is conducting its annual review of country eligibility for trade benefits under the African Growth and Opportunity Act (AGOA). This law allows beneficiary countries to export certain goods into the U.S. duty-free. The benefits are conditional upon a set of criteria, which includes the protection of intellectual property. The International Intellectual Property Association (IIPA) has filed comments to USTR arguing that South Africa’s copyright reform legislation, if it becomes law, “would place South Africa out of compliance with the AGOA eligibility criteria regarding intellectual property.” 

Fifth Global Congress on Intellectual Property and the Public Interest – Applications to Participate Now Open

The American University Washington College of Law (AUWCL) Program on Information Justice and Intellectual Property (PIJIP) is pleased to announce the fifth convening of the Global Congress on Intellectual Property and the Public Interest. The Congress will take place the week of September 24, 2018. It is the main convening of a global network of over 800 researchers, activists, and practitioners who work on the intersection of intellectual property and promotion of the public interest.

China Claims U.S.’s Section 301 Investigation into Its Tech Transfer and IP Licensing Policies May Violate WTO Dispute Settlement Understanding

Last week, China warned that the U.S.'s threat of unilateral sanctions under Section 301 of the Trade Act violates its WTO commitment to settle disputes within the WTO Dispute Settlement framework, and it referred to a previous case in which a panel addresses how the U.S. could use Section 301 and stay within the bounds of the WTO framework.

My Comments to USTR for the 2018 Special 301 review

PIJIP’s research indicates that American firms operating overseas in industries that rely on copyright limitations enjoy better outcomes on average when our trading partners’ limitations are more open – defined as being open to the use of any type of work, by any user, or with a general exception that is open to any purpose subject to protections of the legitimate interests of right holders. Econometric research on both the activities of foreign affiliates of U.S. firms and service exports by U.S. firms illustrate this conclusion.  At the same time, firms in the more traditional “copyright sectors” (i.e. – music, movies, and printed media), do not seem to be negatively affected by greater balance and openness in copyright limitations.

NAFTA Renegotiation to Begin on Wednesday

The U.S, Mexico and Canada will begin renegotiating NAFTA this Wednesday at the Marriott Wardman Park hotel in Washington DC. Inside US Trade reports that “initial talks will focus mostly on logistics and agenda-setting… Negotiators are expected to establish working…