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Daniel Gervais to Speak at Fourth Annual Finnegan Distinguished Lecture on Intellectual Property

Daniel Gervais to Speak at Fourth Annual Finnegan Distinguished Lecture on Intellectual Property Professor Daniel J. Gervais will be the 4th annual Finnegan Distinguished Lecturer in Intellectual Property at American University Washington College of Law (WCL) October 21. The lecture, sponsored by WCL’s Program on Information Justice and Intellectual Property (PIJIP), will be titled “TRIPS 3.0.”

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Suits Over Lennon Song Dropped

Suits Over Lennon Song Dropped Yoko Ono and EMI Group Ltd. have dropped copyright infringement lawsuits against the makers of a documentary that used a portion of John Lennon's "Imagine" without permission. But the development, which was announced Tuesday in a news release from Stanford Law School's Fair Use Project, comes too late to keep the song in the DVD release of the movie, "Expelled: No Intelligence Allowed," according to a lawyer for the filmmakers.

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Want to bypass DRM? Feds Open to New DMCA Exemptions

Want to bypass DRM? Feds Open to New DMCA Exemptions The Library of Congress' triennial DMCA exemption proceeding has the potential to do something far more interesting: free America from some of its digital shackles. The last time around, exemptions were approved to unlock cell phones and bypass broken dongles, and the six exemptions will remain in effect until next October, at which point they will expire unless argued for and approved once more.

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Rwanda: Intellectual Property Rights Bill Passed

Rwanda: Intellectual Property Rights Bill Passed The Senate in Rwanda has approved the bill on protection of Intellectual Property Rights and effective enforcement mechanisms. The bill on intellectual property covers patent rights on trademarks and copyrights, and gives creators exclusive rights to their creations thereby providing an incentive for the author or inventor to develop and share the information rather than keep it secret.

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Officials: WTO Faults China in Piracy Dispute

Officials: WTO Faults China in Piracy Dispute The World Trade Organization has partly sided with the United States in a dispute with China over product piracy, officials said. The WTO panel faulted China for not prosecuting pirates who copy CDs and DVDs before they are passed by censors, one trade diplomat who had reviewed the interim ruling said Thursday. But Washington suffered a setback as the panel found that Chinese thresholds for prosecuting piracy do not break WTO rules, the official said.

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Foo Fighters denounce John McCain for using their song

Foo Fighters denounce John McCain for using their song Foo Fighters have denounced the use of their song by John McCain in his ongoing presidential campaign. The band said that the US Republican presidential hopeful has been "perverting the original sentiment" of their song 'My Hero' by using it for his purposes without their permission. In a statement issued today (October 8), the band criticised his campaign's alleged disregard for creativity intellectual property.

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Online Scientific Repository Hits Milestone

Online Scientific Repository Hits Milestone Reinforcing its place in the scientific community, the arXiv repository at Cornell University Library reached a new milestone in October 2008. Half a million e-print postings - research articles published online - now reside in arXiv, which is free and available to the public. arXiv is the primary daily information source for hundreds of thousands of researchers in many areas of physics and related fields. Its users include the world's most prominent researchers in science, including 53 Physics Nobel Laureates, 31 Fields Medalists and 55 MacArthur Fellows, as well as people in countries with limited access to scientific materials.

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"Orphan Works" Copyright Reform Fails in Wake of Bailout Bid

The Orphan Works Act of 2008 was passed by the Senate last week, but the House failed to take action before taking off for a couple of days, and the bill may be dead until after the fall election. The bill would have loosened restrictions on using copyright-protected works that have been abandoned by their creators. It has faced strong opposition from copyright holders who fear it could create loopholes that would insulate perpetrators of commercial copyright infringement. Unfortunately, after the Senate passed its version of the bill, it was sent to the House just as the current economic situation in the US took a downturn, leaving it lost in the fallout from the failed attempt to pass the $700 billion bailout bill.

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Judge Temporarily Halts Sales of RealDVD in Wake of Lawsuit

Judge Temporarily Halts Sales of RealDVD in Wake of Lawsuit Less than a week after RealNetworks launched its new DVD ripping and archiving product, RealDVD, a court has ordered the company to temporarily suspend its distribution. A visit to the RealDVD web site reveals a message from Real, stating that the product is unavailable.

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Proposed Changes to Law on Digital Copying Rankle Few

Proposed Changes to Law on Digital Copying Rankle Few A Canadian amendment to its intellectual property provisions, which would have made illegal ripping CDs to computers and iPods, died when the federal election was called for October 14th. However, the leader of the Vancouver Fair Copyright believes that provisions from the bill may return at a later date, and that these restrictions may have the potential to change the way Canadians use their music and other pieces of software in the future. In response to the bill, a protest was held in downtown Vancouver.

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Possible Ways to Address Roche's Refusal to Sell Fuzeon in Korea


The recent declaration of Roche that it will refuse to supply the South Korean market with Fuzeon is the second major threat of this kind. Last year, Abbott refused to continue registration applications for several new drugs in response to a compulsory license issued by Thailand on Kaletra.

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Theresa Swinehart Speaking at WCL on Thurs., October 2


Please join us this Thursday, October 2, from 12-2p.m. in room 415 for a discussion with Theresa Swinehart-->her career path after leaving WCL, recent developments in international and domestic law that affect her work in intellectual property law for ICANN, and more.

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At Department of Commerce Meeting on ACTA, Questions About Limitations and Exceptions


The Department of Commerce hosted a public meeting on the Anti-Counterfeiting Trade Agreement. One reoccurring theme was that it would raise the minimum standards of enforcement to TRIPS-Plus levels, but it will not include limitations or exceptions to copyright that prevent against overzealous IP enforcement.

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The African Commission and Access to Medicines and Human Rights in Africa


According to a 2006 report by the Special Rapporteur on the Right to Health, Paul Hunt, states have an obligation under the International Covenant on Economic, Social and Cultural Rights (“ICESCR”) to respect, protect, and fulfill the right to health. The majority of African states are parties to the ICESCR, yet this right, particularly with regards to accessibility, is neglected. Many governments cite IP restrictions as the source of the problem, claiming that they limit availability and thereby hinder accessibility, but in many cases these governments have neglected to incorporate the flexibilities provided in TRIPS.

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Voluntary Licenses for Local Production of Antiretrovirals in Brazil


Some companies, like Abbott in Thailand, like to play hard ball, but other companies, like Merck, try to stop generic competition by entering into temporary deals that match generic prices or create public/private partnerships for local production, even if that means that the innovator loses money. In other words, the principle of freezing out generics for the long haul, especially the established generic industry in India and especially in richer middle income countries like Brazil, is more important than short-term loss of profits.

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Intellectual Property Law Society Holds Opening Meetings


Come join the Intellectual Property Law Society at one of our introductory meetings! Learn about the exciting events we will be hosting this year and the many other things the Society can do for you.

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The Unrolling Enforcement Agenda


TRIPS enforcement provisions are not sufficient for strong-IPR proponents in developed countries who are simultaneously advocating TRIPS-Plus obligations on many fronts. A new wave of domestic legislation to strengthen the enforcement of intellectual property in the US is corresponding with a worldwide collaboration between the private sector, governments and intergovernmental agencies to set international TRIPS-Plus norms.

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Using Competition Law to Promote Access to Medicines


This paper argues that competition law can and should be used to promote access to knowledge goals. Indeed, there is a long history in the U.S. and other countries of using competition law to limit consumer harm from excesses of IP and other property holders, including duties to share access with potential competitors.

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USTR Posts ACTA Comments Online


Negotiations for the Anti-Counterfeiting Trade Agreement have been highly secretive, and no draft text has been released. Recently, however, the US Trade Representative made public the input it received in response to its request for comments.

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Colombian NGOs File Compulsory License Request on Lopinavir/Ritonavir (Kaletra)


Colombian NGOs filed requests for an open compulsory license on AIDS drug lopinavir/ritonavir (Abbott's Kaletra) with the Colombian government. The compulsory license request comes three months after Colombian civil society requested an open license for lopinavir/ritonavir directly from Kaletra manufacturer and patent holder Abbott Laboratories. To date, Abbott has not responded to the groups' request.

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