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

Article 17: Both French and Dutch Implementation Proposals Lack Key User Rights Safeguards

[Communia Association] As of January 2020 there are two Member States that have published legislative proposals for the implementation of Article 17 CDSM... These first implementation proposals are coming from a main proponent of Article 17 (France) and one of the most vocal opponents (Netherlands), and allow us to get a first impression of how Member States across the EU

U.S. Appellate Court Enforces CC’s Interpretation of NonCommercial

[Diane Peters] The U.S. Court of Appeals for the 9th Circuit reaffirmed Creative Commons’ interpretation of activities that are permissible under the NonCommercial (NC) licenses, which allow bona fide noncommercial reusers to hire out the making of copies of NC-licensed content, even to profit-making businesses such as Office Depot and FedEx Office.

The Machine As Author

[Daniel Gervais] Abstract: The use of Artificial Intelligence (AI) machines using deep learning neural networks to create material that facially looks like it should be protected by copyright is growing exponentially. From articles in national news media to music, film, poetry and painting, AI machines create material that has economic value and that competes with productions of human authors. The

USTR Requests Comments for the 2020 Special 301 Review

The U.S. Trade Representative has released its request for comments for this year's Special 301 Review, in which it lists countries that are deemed to "adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to U.S. persons who rely on IP protection."

Article 17 Stakeholder Dialogue (Day 4): It’s All About Transparency

[Paul Keller] The fourth meeting of the Article 17 stakeholder dialogue took place in the last week before the holiday break. Just like the third meeting, this meeting was dedicated to (more or less) technical presentations on content management technologies and existing licensing practices. In total there were 12 presentations from platforms (Facebook, Seznam, Wattpad), providers of content management tools

Second Medical Use Patents – Legal Treatment and Public Health Issues

[Clara Ducimetière] Abstract: This paper attempts to give an overview of the debate surrounding the patentability of new therapeutic uses for known active ingredients, both in developed and developing countries. After close scrutiny of international patentability standards, this paper concludes that second medical uses do not qualify per se for patent protection and have only been protected in several jurisdictions