Law Commons^™

Building A Text And Data Mining Limitation: The Brazilian Case, Luca Schirru, Allan Rocha De Souza, Claudia Chamas

Joint PIJIP/TLS Research Paper Series

In recent years, there has been a growing body of legal regulation of

TDM. Since 2018, Japan, the European Union, Singapore and others have

promoted changes to their copyright law and included specific limitations and

exceptions for TDM. These changes have been slow in the Global South and

the developing world, even though they are urgently needed there. This report

aims to present the Brazilian copyright legal framework and the policy

documents related to Intellectual Property, Artificial Intelligence and

innovation influencing political and public debate. This set of policies and

legislative texts provides the grounds for the discussion on the …

Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.

Erasmian Perspectives On Copyright: Justifying A Right To Research, Tania Cheng-Davies

Joint PIJIP/TLS Research Paper Series

The right to research exists in many jurisdictions as an exception to copyright infringement but unharmonized and inconsistent in its application, with no universal understanding or acceptance of how such a right should be framed. Researchers face unknown and uncertain obstacles in accessing research and scholarly works, which in turn frustrates their own research and development. While copyright law has increasingly strengthened in scope and duration over time, there has been a reactive backlash to this in the form of calls for a more balanced copyright regime, including the recognition of a clear right to research. The keys to understanding …

Limitations And Exceptions In International Copyright And Related Rights Treaties, Sean Flynn

Joint PIJIP/TLS Research Paper Series

Copyright limitations and exceptions have been an integral part of international copyright and related rights treaties since the original text of the Berne Convention in 1886, which protected the ability to adopt exceptions for uses for “educational” and “scientific” uses. Since that instrument, there has been great -- if uneven -- development of norms on limitations and exceptions. Currently, the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights is considering limitations and exceptions in the draft text for a treaty on broadcast organizations as well as a proposal from the African Group for a work programme on …

Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security …

The Bellagio Global Dialogues On Intellectual Property, Joe Karaganis

Joint PIJIP/TLS Research Paper Series

This paper is an account of the Bellagio conferences and of their place within the larger arc of Rockefeller intellectual property work since 2002. In a more limited fashion, it is also an account of the transformation of IP from an obscure legal specialty into a major discourse of power and debate about the shape of globalization. The broadest achievement of the Bellagio series—and of Rockefeller Foundation work more generally in this area—has been to make this debate more open, participatory, and engaged with questions of poverty and human development.

A Pragmatic Approach To Intellectual Property And Development: A Case Study Of The Jordanian Copyright Law In The Internet Age, Rami Olwan

Joint PIJIP/TLS Research Paper Series

On October 4, 2004, Brazil and Argentina requested that WIPO adopt a development-oriented approach to IP and to reconsider its work in relation to developing countries. In October, 2007, WIPO member States adopted a historic decision for the benefit of developing countries, to establish a WIPO Development Agenda. Although there have been several studies related to IP and development that call for IP laws in developing countries to be development-friendly, there is little research that attempts to provide developing countries with practical measures to achieve that goal. This article takes the copyright law in Jordan as a case study and …

Why Full Open Access Matters, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.

Acta's Constitutional Problem: The Treaty That Is Not A Treaty (Or An Executive Agreement), Sean Flynn

Joint PIJIP/TLS Research Paper Series

The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).

An Overview And The Evolution Of The Anti-Counterfeiting Trade Agreement (Acta), Margot E. Kaminski

Joint PIJIP/TLS Research Paper Series

The Anti-Counterfeiting Trade Agreement (ACTA), a plurilateral intellectual property agreement developed outside of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), represents an attempt to introduce maximalist intellectual property standards in the international sphere, outside of existing institutional checks and balances. ACTA is primarily a copyright treaty, masquerading as a treaty that addresses dangerous medicines and defective imports. The latest ACTA draft, which is the final text available to the public before the signed text is released, contains significant shifts away from earlier draft language towards more moderate language, although it poses the same institutional problems …

Wipo And The Acta Threat, Sara Bannerman

Joint PIJIP/TLS Research Paper Series

The new Anti-Counterfeiting Trade Agreement (ACTA) has been seen as a potentially existential threat to the existing World Intellectual Property Organization (WIPO) – as a new plurilateral institution that could replace the older multilateral organization. The ACTA threat to WIPO has a number of predecessors. WIPO’s centrality to international intellectual property norm-setting encountered its first major challenge in 1952 when the Universal Copyright Convention was established under UNESCO. It encountered a second major challenge with the establishment of the Agreement on Trade-Related Aspects of Intellectual Property (the TRIPs Agreement). The ACTA challenge thus potentially represents a third instance where a …