Advocating for a world where intellectual
property law serves the public interest.

Analysis of Special 301 Listings, 2009-2020

Since its inception, the Special 301 Report has been an instrument used by the U.S. Trade Representative (USTR) to pressure foreign nations to change their laws at the behest of American business interests. Policies that allow countries to access lower-priced generic medicines feature prominently in USTR’s allegations of inadequate, ineffective protection of intellectual property. This working paper reviews trends in

Long Live the Common Law of Copyright!: Georgia v. Public.Resource.Org., Inc. and the Debate over Judicial Role in Copyright

[Shyamkrishna Balganesh] Abstract: In Georgia v. Public.Resource.Org, Inc., the Supreme Court resurrected a nineteenth century copyright doctrine — the government edicts doctrine — and applied it to statutory annotations prepared by a legislative agency. While the substance of the decision has serious implications for due process and the rule of law, the Court’s treatment of the doctrine recognized an invigorated

United States: An Obsolete Trade Practice Undermines Access to the Most Expensive Drugs at More Affordable Prices

[Maria Fabiana Jorge] Access to affordable drugs is a top policy priority for the United States with real bipartisan support but it increasingly seems to be an unreachable goal, in part, due to conflicting government policies. While the Administration’s Blueprint to Lower Drug Prices and Reduce Out-of-Pocket Costs highlighted the importance of competition to ensure lower drug prices, U.S. trade

The Right to Process Data for Machine Learning Purposes in the EU

[Mauritz Kop] Abstract: Europe is now at a crucial juncture in deciding how to deploy data driven technologies in ways that encourage democracy, prosperity and the well-being of European citizens. Normative preferences about how related technology laws ought to be designed should define sustainable exponential innovation policy. These preferences are dynamic and contextual. The upcoming European Data Act provides a

Creative Commons Is Now Leading the Open COVID Pledge—Here’s What That Means

[Diane Peters and Eric Steuer] We’re pleased to announce today that Creative Commons is taking on leadership and stewardship of the Open COVID Pledge. Earlier this year, CC joined forces with an international group of researchers, scientists, academics, and lawyers seeking to accelerate the development of diagnostics, vaccines, therapeutics, medical equipment, and software solutions that might be used to assist

The TRIPS Agreement Article 73 Security Exceptions and the COVID-19 Pandemic

[Frederick Abbott] Abstract: The COVID-19 pandemic has caused Governments to contemplate measures to override patents and other intellectual property rights (IPRs) in order to facilitate production and distribution of vaccines, treatments, diagnostics and medical devices. This paper discusses whether the COVID-19 pandemic may be considered an “emergency in international relations” and how WTO Member States may invoke Article 73 (“Security