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

Patent Policy and American Innovation after eBay: An Empirical Examination

[Filippo Mezzanotti and Timothy Simcoe] Abstract: The 2006 Supreme Court ruling in eBay vs. MercExchange marked a sea change in U.S. patent policy. The eBay decision removed the presumption of injunctive relief. Subsequent legal and policy changes reduced the costs of challenging patent validity and narrowed the scope of patentable subject matter. Proponents of these changes argue that they have

South African Portfolio Committee on Trade and Industry Debates a General Copyright Exception

The South African Portfolio Committee on Trade and Industry has released its report on its most recent copyright reform debate. The summary notes: "An area of major contention was whether the Copyright Act should be based on the ‘fair use’ or the ‘fair dealing’ principle. The Committee strongly favoured ‘the fair use’ principle but with exceptions to manage the openness

The NAFTA Negotiations — And Canada’s Priority Watch List Designation: It’s All About the Leverage

[Hugh Stephens] Abstract: Negotiating tactics can often appear harsh, but when the United States Trade Representative (USTR) placed Canada on its Priority Watch List (PWL), the move went beyond the standard give-and-take of renegotiating the North American Free Trade Agreement. Canada – a nation that believes in the rule of law – joins China, Algeria, Kuwait and Venezuela, to name

Letter from 147 Organisations EU Member State Ambassadors Asking Council to Stop a Rushed EU Copyright Reform

We, the undersigned, are writing to you ahead of your COREPER discussion on the proposed Directive on copyright in the Digital Single Market. We are deeply concerned that the text proposed by the Bulgarian Presidency in no way reflects a balanced compromise, whether on substance or from the perspective of the many legitimate concerns that have been raised. Instead, it

Stomp out smoking with global plain packaging

Law-makers in South East Asia should follow Australia’s lead and stomp out ‘glamourous’ cigarette packaging, says a QUT law academic in the lead-up to World No Tobacco Day (May 31). In 2012 Australia became the first country in the world to introduce plain packaging for cigarettes – a move that aimed to “kill the glamour”, make smoking less appealing to

The Chilling Effect: Investor-State Dispute Settlement, Graphic Health Warnings, the Plain Packaging of Tobacco Products, and the Trans-Pacific Partnership – Matthew Rimmer

The Chilling Effect: Investor-State Dispute Settlement, Graphic Health Warnings, the Plain Packaging of Tobacco Products, and the Trans-Pacific Partnership Victoria University Law and Justice Journal (2017) Matthew Rimmer Investor-State Dispute Settlement (ISDS) poses significant challenges in respect of tobacco control, public health, human rights, and sustainable development. Two landmark ISDS rulings provide procedural and substantive […]