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

Is the FDA Misleading Congress About the Safety of Imported Medicines?

The one issue that unifies our divided America is the high cost of prescription drugs... On of the solutions currently working its way through Congress would permit patients to obtain lower-cost medication from pharmacies in Canada and other countries, where drug prices are frequently as much as 80 percent lower than those at US pharmacies. Americans haven’t waited for Congress

Industry Weighs In on DOJ’s Standards Essential Patent Policy Reversals

Beginning in November 2017, Makan Delrahim, head of the U.S. Department of Justice Antitrust Division, signaled that he would reverse many of the DOJ’s prior positions regarding technical standardization and, especially, patents covering technical standards (so-called Standards Essential Patents or SEPs) (the 2017 announcement is discussed in detail here). The latest step in this DOJ reversal of direction came in

Statement on the WIPO Broadcast Treaty at the 38th SCCR

I speak here to point out an important, and likely unintended, problem with the current text of the limitations and exceptions provision of the Broadcast Treaty. Since the alternative text from SCCR/35/12 was removed -- the limitations and exceptions clause in the consolidated text is more restrictive than the Rome Convention.

Legislative and Regulatory Takings of Intellectual Property: Early Stage Intervention Against a New Jurisprudential Virus

[Frederick Abbott] Abstract: During the past year various members of the United States Congress have introduced legislation intended to ameliorate the high cost of pharmaceuticals, as well as to stimulate innovation using alternative mechanisms to the traditional patent system model. Several of the legislative proposals would authorize third-party importation of prescription pharmaceutical products from one or more countries. One issue

The New Copyright Directive Is a Lost Opportunity for Europe – And Shows Lack of Respect for User Rights

[Communia Association] The Directive is the most important European regulation of the digital sphere in the last several years. It will define the shape of copyright in Europe for years to come — and have spillover effects for regulation around the globe. We believe that the approved directive will not meet the goal of providing a modern framework that balances

EU COPYRIGHT REFORM SHOWS NEED FOR GLOBAL REFORM

[Teresa Hackett] ... a closer look at European copyright legislation, including the Directive adopted by the European Parliament on 26 March 2019, demonstrates that both blocs clearly recognize the inadequacy of the current international framework to address barriers created by national copyrights for cross-border activities by educational and cultural heritage institutions. And they have addressed the problem through the adoption