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Evaluation of EU Rules on Databases December 15, 2005

Posted by mais in EU.
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Interesting development on database protection tracked by BLOG@IP::JUR

EXTERNAL LINKRAPID Database:

‘[...] The European Commission has published an evaluation of the protection EU law gives to databases. EU law protects databases by copyright if they are sufficiently creative. Other databases, especially those that are compilations of information or commonplace data, such as telephone directories, music charts or football match listings, may benefit from a new form of protection introduced by the 1996 Database Directive. This protection is known as the ‘sui generis’ database right, i.e. a specific property right for databases that is unrelated to other forms of protection such as copyright. The evaluation focuses on whether the introduction of this right led to an increase in the European database industry’s rate of growth and in database production. It also looks at whether the scope of the right targets those areas where Europe needs to encourage innovation. Stakeholders are invited to comment on the evaluation by 12 March 2006. [...]‘

The evaluation paper is available EXTERNAL LINKhere. Policy options discussed therein are:

* Option 1: Repeal the whole Directive;
* Option 2: Withdraw the ‘sui generis’ right;
* Option 3: Amend the ‘sui generis’ provisions; and
* Option 4: Maintaining the status quo.

‘[...] Before deciding on its future policy approach with respect to the ‘sui generis’ protection for ‘non-original’ databases, the Commission services deem it appropriate to further consult stakeholders on the four policy options outlined above. Stakeholder consultation should also provide further evidence on the economic impact of ‘sui generis’ protection in stimulating the production of European databases. Stakeholders are invited to submit their observations by 12 March 2006.’”

WTO upholds cheaper drugs waiver December 14, 2005

Posted by mais in TRIPS.
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It is a great win for humanity as well as opportunities for pharma companies from developing countries like India, in Generic Market producing Life Saving Drugs.

The agreement will extend a 2003 temporary rule
World Trade Organization (WTO) members have agreed to uphold a rule that allows poor countries to import cheaper copies of patented medicines.

Its general council has agreed to make permanent a 2003 waiver that allows poorer nations to import generic drugs to treat serious diseases such as Aids.

The measure would become permanent by 1 December 2007, the WTO said. The current waiver remains until then.

WTO boss Pascal Lamy said the agreement showed the body’s humanitarian concern.

‘Landmark’

US Trade Representative Rob Portman added that America was fully behind the move.

‘This is a landmark achievement that we hope will help developing countries devastated by HIV/Aids and other public health crises,’ he said.

The European Union (EU) has also backed the change.

‘The EU has worked hard for this outcome and welcomes that others have moved to make this possible,’ said EU Trade Commissioner Peter Mandelson.

And for the UK, Trade Secretary Alan Johnson said ‘this announcement should be an important step in making drugs available in poor countries.

‘The lack of access to essential medicines in developing countries is one of the biggest health issues – and one of the gravest injustices – in the world.’

Under the rule, poorer nations will be allowed to import the generic drugs for humanitarian reasons and not for commercial purposes.

Some of the larger developing countries, like India, hope that they will be able to sell antiretroviral Aids drugs to Africa under the deal. “

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