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

Industry, Research and Energy Committee’s Draft Opinion Is More Conservative Than It Would Seem

[Anna Mazgal, Communia Association, Link (CC-0)] It is great that ITRE Rapporteur Zdzisław Krasnodębski joined IMCO Rapporteur Catherine Stihler in thinking that the right to read is the right to mine. As we explained in detail, his draft proposal opens up TDM exception to anyone and makes sure any safeguarding measures won’t stand in the […]

In the Public Interest: How Kenya Quietly Shifted from Fair Dealing to Fair Use

Author: Victor B. Nzomo Abstract: In 2014, the Supreme Court of Kenya had to determine whether the broadcast rights in free-to-air (FTA) programme-carrying signals were infringed by allowing the re-broadcasting of these signals pursuant to the so-called “must-carry” rule in the Broadcasting Regulations of the Kenya Information and Communication Act. In a unanimous decision, the […]

Mitigating the Regulatory Constraints Imposed by Intellectual Property Rules Under Free Trade Agreements

Carlos Correa South Centre, February 2017 Research Paper #74 IP provisions in FTAs may have implications on a wide range of public policy areas. A vast academic literature has addressed the “flexibilities” available under the TRIPS Agreement and the negative impact of FTAs in relation to access to medicines. Author Papers

My Testimony to the Special 301 Committee, Re: Foreign Affiliates of U.S. Firms in Countries That have Adopted Fair Use

Delivered March 8, 2017 at the Open Hearing that USTR conducted as part of the 2017 Special 301 Review Thank you for the opportunity to testify at this hearing. My name is Mike Palmedo, and I work for American University Washington College of Law’s Program on Information Justice and Intellectual Property (PIJIP). We are an […]

Copyright Formalities: A Return to Registration?

Author: Dev Saif Gangjee Abstract: Copyright law is an outlier. Unlike patent, trade mark or (with some qualifications) design protection, the recognition and enforcement of proprietary interests is automatic, arising upon creation. It is not conditioned upon the fulfilment of formalities. More specifically, Art 5(2) of the Berne Convention proscribes – to a large extent […]

Fair Use/Fair Dealing Week 2017 Highlights Balance in Copyright System

[Reposted from Assoc. of Research Libraries, Link (CC-BY)] The fourth annual Fair Use/Fair Dealing Week took place February 20–24, 2017, growing to 140 organizations—as well as numerous individuals—celebrating the important and flexible doctrines of fair use and fair dealing. This year’s event was organized by the Association of Research Libraries (ARL) and participants included universities, […]