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

AG Szpunar on Copyright’s Relation to Fundamental Rights: One Step Forward and Two Steps Back?

[Daniel Jongsma] Abstract: This paper discusses three recent Opinions by Advocate General Szpunar of the CJEU, all touching upon the relationship between copyright and fundamental rights. It discusses several problematic elements in the AG’s approach. In dealing with questions regarding the scope of the reproduction right and the quotation exception, his over-reliance on textual arguments leads to expansive copyright protection.

Democratic Lawmakers Criticize USMCA Rules on Data Protection for Biologics

Democratic lawmakers are again warning that USMCA intellectual property chapter's rules on test data protection for biologics could scuttle the deal. The text grants developers of new biologic drugs a ten year period of exclusivity during which biosimilar competitors cannot win marketing approval based on the innovator's test data.

User-Generated Content – Towards a New Use Privilege in EU Copyright Law

[Martin Senftleben] Abstract ... In the EU, the UGC problem features prominently in the debate about a so-called “value gap” in the online distribution of copyrighted content. The current value gap debate focuses on the neutralization of the safe harbour for hosting as an instrument to generate licensing revenue for the dissemination of UGC. However, a closer analysis of the

Updated Study Finds Revenues from the New Creative Economy Grew 15% To $7 Billion In Just One Year

[Re:Create Coalition] Today the Re:Create Coalition released the second annual report on the economic value of the New Creative Economy, documenting that 16.9 million independent, American creators earned a baseline of $6.8 billion from posting their music, videos, art, crafts and other works online in 2017. Building upon last year’s study, the updated report found the number of new creators

TB activists for first time challenge TB drug patent in India, in bid to prevent J&J from extending monopoly

[MSF Press Release] Médecins Sans Frontières (MSF) is supporting a patent challenge filed in India this week by two tuberculosis survivors, to prevent pharmaceutical corporation Johnson & Johnson (J&J) from extending its monopoly on the tuberculosis drug bedaquiline. Nandita Venkatesan from Mumbai, India and Phumeza Tisile from Khayelitsha, South Africa, who filed the patent challenge at the Mumbai Patent Office,

Comment for the 2019 Special 301 Review

...PIJIP’s research indicates that American firms in industries that rely on copyright limitations enjoy better outcomes when our trading partners’ limitations are more like fair use. Specifically, US firms in technology and related sectors do better in countries where copyright exceptions permit fair uses and practices of any type of work, by any user, and for any purpose – as