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

How Big Pharma’s Shadow Regulation Censors the Internet

[Cross posted from EFF Deeplinks Blog, Link (CC-BY)] Americans pay by far the highest prices in the world for most prescription drugs, and of course big pharma would like to keep it that way. Key measures that the industry relies upon in this regard are the Prescription Drug Marketing Act [PDF] and Ryan Haight Online […]

Open Letter to the European Commission – On the Importance of Preserving the Consistency and Integrity of the EU Acquis Relating to Content Monitoring within the Information Society

Joint letter signed by 25 European legal academics Full letter available on SSRN | Excerpt follows: It is clear both from the text of the E-commerce Directive and the CJEU case law that Member States shall not impose upon providers of intermediary services (e.g. providers of user-generated content platforms such as blogging platforms or other […]

WTO Forum Signals Shift to e-Commerce Agenda

Reports from the WTO Public Forum held last week highlights a notable shift in the World Trade Organization toward an E-Commerce Agenda. The issue appears likely to be addressed substantively in the 2017 Ministerial Conference. Through then, the organization is likely to be increasingly discussing the form and objectives of a possible negotiation on the topic. […]

Public Participation in the WTO e-Commerce Discussion

A workshop hosted by Electronic Frontier Foundation discussed the opportunity to use any WTO engagement with E-Commerce rules to expand transparency and participation processes for internet companies and users, academics and the greater public. My intervention at that panel discussed at least three major goals that the WTO may have in constructing a more open […]

Software Industry Claims Chinese Patent Law TRIPS Non-Compliant Due to Public Interest Grounds for Compulsory Licenses

Last week, the USTR-led inter-agency Trade Policy Staff Committee (TPSC) held a hearing on China’s compliance with WTO obligations, to inform its upcoming report to Congress on the matter. Comments submitted by Carl Schonander of the Software & Information Industry Association incorrectly claim Chinese patent law contains compulsory licensing provisions that do not comply with […]

Movie Piracy and Displaced Sales in Europe: Evidence from Six Countries

Authors: Benedikt Herz and Kamil KiljaĊ„ski Abstract: This paper presents estimates of lost movie sales due to unpaid movie consumption. We are the first to provide estimates that are recent, representative of the internet-using population, and cover multiple countries. Based on an online questionnaire with almost 30,000 respondents, we document that one unpaid (first) viewing […]