Suchergebnisse

As Internet technology has advanced, consumers have increasingly opted to view video content on their computer, tablet, and smartphone screens instead of their television screens. In American Broadcasting Cos. v. Aereo, Inc. ("Aereo III"), decided in 2014, the U.S. Supreme Court rejected one of the more creative methods of delivering content via the Internet, closing a legal loophole by ruling that a company could not escape copyright liability by characterizing its retransmission of content as simply providing the consumer with equipment. Although the ruling definitively answered one question that had been subject to debate, the battle over Internet broadcasting has simply moved to another arena. The decision has led Aereo and similar companies to argue that they should be allowed to take advantage of the compulsory licensing scheme available to "cable systems" under Section 111 of the Copyright Act. The result of this new debate could have far-reaching effects on how consumers can access television content and on how the courts will interpret the Copyright Act in the future. This Note examines the decisions made in the wake of Aereo III that have addressed the application of Section 111 and, in particular, contrasts the reasoning of Fox v. Aereokiller, in which the U.S. District Court for the Central District of California held that Internet rebroadcasting services are eligible for a compulsory license under Section 111, with the reasoning of courts that have come to the opposite conclusion. This Note argues that both the text of Section 111 and its legislative history demonstrate that Internet rebroadcasting services fall under the statutory definition of "cable system." It further argues that granting access to the compulsory licensing scheme would accomplish the important policy goal of increasing competition in the marketplace.

Like other rights, patent rights are not absolute. There are situations in which their exercise can be limited to protect public interests. Such situations may arise, for instance, when access to needed pharmaceutical products must be ensured. Compulsory licenses and government use for non-commercial purposes are tools, provided for under most laws worldwide, that can specifically be used to address public health needs. This document is intended to provide legal guidance for the effective use of such tools, consistently with the international law.

Since 1996, Brazil has an anti-AIDS programme that offers universal and free access to antiretroviral through the public-sector health system. An important part of the successful implementation of this programme is the capacity of the Brazilian government to reduce the price of treatments. This capacity is based on the threat to issue compulsory license for patented medicines and on the existence of a domestic pharmaceutical industry involved in the production of antiretroviral. Based on a game theoretical model of drug price negotiations and on 30 interviews, this research proposes to enlighten further the industrial dimension of this successful programme, refine the conditions lying at its heart and re-specify the issues concerning its potential replication in other developing countries.

This South Centre research paper discusses first, the limitations of the current research and development (R&D) model and its implications for access to medicines. Second, it considers the tension between intellectual property rights applied to medicines and States' observance of the fundamental right to health. Third, it examines the case of access to medicines for the treatment of Hepatitis C, illustrating the barriers to access created by intellectual property and the high prices normally associated with its exercise. Fourth, it presents the background, main aspects and obstacles to the achievement of the objectives of the Doha Declaration on the TRIPS Agreement and Public Health (2001). To conclude, this paper examines the experiences of compulsory licensing and government use of patents in Latin America (particularly in Ecuador, Peru and Colombia).