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Gobal Broadcast Treaty and public interest

Trans Atlantic Consumer Dialogue - Wed, 02/07/2014 - 10:45

Statement to WIPO SCCR 28 on Broadcasting Treaty by TransAtlantic Consumer Dialogue

 

Broadcaster lobby material

 

Broadcasting Treaty: Collateral damage to public access

 

Consumers and users around the world do not want new layers of complications, barriers and costs added to their access to information, news and knowledge. The strong push towards a binding Broadcasting Treaty with a wide scope is in stark contrast with the rigid opposition on the part of a number of member states to even discussing new global norms to facilitate the essential cultural and scientific role played by libraries and archives. This contradiction is not understood by millions of consumers and citizens around the world.

Do we want to follow the greatest success stories with regards to public broadcasting that are based on flexible, fair copyright frameworks or do would we like to create new complicated and expensive legal barriers that inhibit innovative and plural public broadcasting?

If we consider public broadcasting a public good, is it acceptable to move toward creating a new global binding legal standard of copyright protection for broadcasting signals without first making clear exceptions and limitations to this new norm that are essential to the flow of information and culture?

We would like to know if the Broadcasting Treaty will threaten the right to freely quote broadcasts or circulate snippets of news. Consumers and users must know if the concrete scope of this legal norm will mean new obstacles to what we often access and share daily. We are afraid we might be opening up an endless, incomprehensible pandora box of overlapping rights on content between non-creators (broadcasters) and creators. We are also concerned that the protection of post-fixation rights can have a very negative impact in the online use of culture, news and information by consumers and users.

In the consideration of a new international legal norm for broadcasters we must not forget the common good of the free flow of information for citizens. The focus of our work should not be limited to satisfying the wish-list of one special interest group while ignoring the possible unintentional negative consequences on normal users.

Very clear public interest red-lines need to be drawn up, the scope of rights must be narrowly, clearly defined and the social impact of these new rights must previously be evaluated by independent experts.

David Hammerstein, TACD

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SCCR28: Opening statement of the Asia Pacific Group

Knowledge Ecology International - Tue, 01/07/2014 - 09:36

On Monday, 30 June 2014, Bangladesh, on behalf of the Asia Pacific Group, delivered its opening statement at SCCR 29. The Asia Pacific Group includes such nations as Bangladesh, India, Indonesia, Iran, Malaysia, Pakistan, Republic of Korea, Singapore, Sri Lanka and Thailand. On limitations and exceptions, the Asia Pacific Group proposed the an innovative model to move discussions forward:

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EU's TTIP Anti-Transparency Rules laid out in DG-Trade letter to USTR

Knowledge Ecology International - Tue, 01/07/2014 - 07:11

Previously, KEI reported on the terms of reference (TOR) for the confidentiality of the Transatlantic Trade and Investment Partnership (TTIP) negotiating texts, as laid out in a letter by USTR to DG-Trade. Although evidently publicly available, the EU counterpart of that letter was not accessible through the FOIA process. Obtained through the EU Regulation (EC) No.

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Whither CEWG? WHA Decision WHA67(15) and TDR's Joint Coordination Board

Knowledge Ecology International - Mon, 30/06/2014 - 16:30

In May 2014, the 67th World Health Assembly passed decision WHA67(15) which set the wheels in motion for the creation of a new pooled funding mechanism for R&D. The mandate for this pooled funding mechanism states:

The Sixty-seventh World Health Assembly, having considered the follow-up of the report of the Consultative Expert Working Group on Research and Development Financing and Coordination,...

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SCCR28 Day 1 Rules for Informal

Knowledge Ecology International - Mon, 30/06/2014 - 14:15

Before leaving for room B with the head of the regional groups the Chair announced the schedule and the rules:

CHAIR: We are ready to move to an informal format. So we can break immediately to move to room B. And the plenary would reconvene. Since we don't have an idea of how the work is going to be developed in the room B format, we are not in condition to say that we can re initiate the plenary tomorrow morning. So we will let you know, and you will realize how the work is ongoing through this facilities that we will have here to listen that kind of work.

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SCCR28: Venezuelan and Uruguayan reaction to Chair's proposal to invite broadcasters to provide technical expertise in informals

Knowledge Ecology International - Mon, 30/06/2014 - 13:59

During the first day of WIPO's Standing Committee on Copyright and Related Rights (SCCR28), the Committee was made aware of the Chair's (Martin Moscoso, Peru) proposal to invite three experts from the broadcasting industry (1) Alexandre Jobim, International Association of Broadcasting, (2) Premila Manvi Asia-Pacific Broadcasting Union and (3) Erica Redler (North American Broadcasters Association). Venezuela, noted,

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SCCR 28 Day 1: Selected Interventions re Technical Experts Invited to Informal Negotiations

Knowledge Ecology International - Mon, 30/06/2014 - 13:46

Standing Committee on Copyright and Related Rights: Twenty-Eighth Session
SCCR/28 June 30 to July 4, 2014 (Geneva, Switzerland)

June 30, 2014.

The Chair has decided to move the Committee to room B for informal (i.e. not public) discussions. He announced the names of 3 representatives from broadcasting organizations associations. Some delegations welcomed the technical experts selected and appointed ...by the Chair. However, others saved the day (or the process?) by asking a few questions.

In their own words:

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WIPO sccr 28 Day 1: The USA Statement re 3 topics: Broadcasting, L&E for Libraries and Education

Knowledge Ecology International - Mon, 30/06/2014 - 13:19

Standing Committee on Copyright and Related Rights: Twenty-Eighth Session
SCCR/28 June 30 to July 4, 2014 (Geneva, Switzerland)

June 30, 2014 Statements of the USA

UNITED STATES OF AMERICA: [...] the United States was very pleased by the progress that we made at the last session of the SCCR, and we are looking forward to continuing to move forward this week in clarifying and improving the proposals before us.

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WIPO sccr 28 Day 1: The European Union Statement regarding 3 topics: broadcasting, L&E for Libraries and Education

Knowledge Ecology International - Mon, 30/06/2014 - 13:16

sccr 28 Day 1: The European Union Statement regarding the 3 topics: boradcasting, L&E for Libraries and Education

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WIPO SCCR28 Day 1: Support for a Broadcasting Treaty Diplomatic Conference in 2015?

Knowledge Ecology International - Mon, 30/06/2014 - 13:12
Standing Committee on Copyright and Related Rights: Twenty-Eighth Session
SCCR/28 June 30 to July 4, 2014 (Geneva, Switzerland)

June 30, 2014. Morning Session
to read the close captioning of SCCR28
http://www.streamtext.net/player?event=WIPO
password: sccr28 during the meeting
Watch live: Standing Committee on Copyright and Related Rights – ow.ly/yAzbf. #SCCR28

Find a few comments and selected interventions:

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For expensive cancer drugs, rationing of access is not the only solution

Knowledge Ecology International - Sun, 29/06/2014 - 11:00

I woke up this morning to read an article by Karol Sikora, a Dean at the University of Buckingham Medical School, about high cancer drug prices.* This quote caught my eye.

quote: "So cancer drug rationing is inevitable in all health economies – rich and poor alike. My solution is to have age limits for expensive therapies. Oncologists have been doing this covertly for the last two decades – it's now time to be explicit."

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Videos from TACD's June 25, 2014 side event on intellectual property in the US, EU trade agreement (TTIP)

Knowledge Ecology International - Thu, 26/06/2014 - 11:32

The following are videos from TACD's June 25, 2014 side event on intellectual property and the proposed Transatlantic Trade and Investment Partnership (TTIP) agreement.

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WTO TRIPS Council (June 2014): Indian intervention on Non-Violation and Situation Complaints

Knowledge Ecology International - Fri, 20/06/2014 - 14:59

On 11 June 2014, India delivered the following statement at the WTO TRIPS Council on on non-violation and situation complaints in response to the US proposal (IP/C/W/599) tabled on 10 June 2014.

NV&S Complaints

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WTO TRIPS Council (June 2014): EU on the contribution of IP to facilitate the transfer of environmentally rational technology

Knowledge Ecology International - Tue, 17/06/2014 - 10:07

On Wednesday, 11 June 2014, the European Union delivered the following statement on the "Contribution of IP to facilitate the transfer of environmentally rational technology technology.'

EU intervention under point 11. Of the TRIPS Council Agenda
"Contribution of IP to facilitate the transfer of environmentally rational technology"

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TTIP: Anti-Transparency Rules laid out in USTR letter to DG-Trade

Knowledge Ecology International - Thu, 12/06/2014 - 21:13

KEI has obtained the terms of reference (TOR) for the confidentiality of the negotiating texts of the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The TOR are laid out in a two-page letter from US Chief Negotiator Dan Mullaney to EU Chief Negotiator Ignacio Garcia-Bercero which is available here. The letter was obtained through a FOIA request filed by KEI with the USTR on May 19, 2014.

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TRIPS, the European Commission and the European Medicines Agency´s clinical trial transparency policy

Trans Atlantic Consumer Dialogue - Thu, 12/06/2014 - 13:43

Nothing in international intellectual property law constitutes a serious barrier to the publication of clinical trial data for the sake of public health.

 

In his letter to the European Ombudsman dated 22 May 2014, the Director of the European Medicines Mr Rasi refers to a “clear message” of the European Commission relating to the need to ensure compliance with national and international agreements, including, but not limited to, TRIPS and copyright legislation. It can be deduced that the EMA has received a “clear message” that its “proactive” clinical trial transparency policy could be violating international IPR law.

 

One cannot derive from TRIPs article 39.3, that refers to clinical data, any general obligation against the disclosure of clinical trial data.This is clear in the text itself:

‘Members, when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use. In addition, Members shall protect such data against disclosure, except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use.’

Moreover, a number of interpretations of TRIPs clarify that the disclosure of clinical trial data for the sake of transparency and public health cannot be considered “unfair commercial actvity” (which is not defined). A number of WHO/WTO documents insist that clinical trial disclosure and article 39.3 of TRIPs should be seen within the context of the Doha Declaration on flexibilities for Public Health. See this WHO document: http://www.who.int/medicines/areas/policy/protection_of_data.pdf and from the WTO http://wto.org/english/res_e/booksp_e/pamtiwhowipowtoweb13_e.pdf;

It is true that to date there is no case law precedence nor other very authoritative interpretations on the TRIPs articles referring to clinical trial data. But in this context it specially surprising that the European Commission (DG Trade and DG Enterprise) is pressuring the EMA to roll-back on its data transparency measures with the pretext of international patent, trademark and copyright concerns that are not backed up by a clear legal basis.

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WTO TRIPS Council (June 2014) - India's intervention on Intellectual Property and Innovation: Innovation Incubators

Knowledge Ecology International - Wed, 11/06/2014 - 16:28

On Wednesday, 11 June 2014, India delivered a statement at the WTO TRIPS Council on"Intellectual Property and Innovation: Innovation Incubators"; Chinese Taipei (WTO speak for Taiwan) and the United States proposed this agenda item.

We thank the delegations of the United States and Chinese Taipei for tabling an agenda item on "Intellectual Property and Innovation: Innovation Incubators " which we understand is a standalone item.

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WIPO: Africa Group Statement on the Formal Integration of PPH system to PCT

Knowledge Ecology International - Wed, 11/06/2014 - 15:55

WIPO's Patent Cooperation Treaty (PCT) Working Group is meeting from 10 June 2014 to 13 June 2014. Among the hot topics of discussion is a paper tabled by the United Kingdom and the United States on Formal Integration of the Patent Prosecution Highway into the PCT. The basic ask of the UK/US proposal (PCT/WG/7/21) is to amend the regulations of WIPO's PCT Regulations and Administrative Instructions to formally integrate the Patent Prosecution Highway (PPH) into the PCT system.

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