Will the South African IPR from Publicly Funded Research and Development Bill Affect Documentary Filmmakers?

The current IP bill before the South African parliament, Intellectual Property Rights from Publicly Funded Research and Development ("IPR") Bill, aims to encourage South African innovation by providing public funding and managing IP to allow both protection and commercialization for "the benefit of society." The types of IP covered by the bill may or may not encompass certain documentary films.

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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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