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Peter Yu

Virotech Patents, Viropiracy, and Viral Sovereignty

INTRODUCTION Access to medicines goes hand in hand with the protection of intellectual property rights. At a time when the United States is undertaking large-scale reforms in both the intellectual property and healthcare arenas, it is worth thinking more deeply and broadly about the connections between the two. In March 2010, Congress enacted the Patient […]

Transplanting the Canadian UGC Exception to Hong Kong: Part 3

In Parts I and II of this series of blog posts, I discussed the ongoing digital copyright reform in Hong Kong. Specifically, I called for the transplant of the Canadian UGC exception to the jurisdiction, as part of an effort to enlarge the creative, political, social and cultural space of individual internet users.Since the last blog post, the Hong […]

Transplanting the Canadian UGC Exception to Hong Kong: Part 2

In Part I of this series of blog posts, I discussed a position paper I submitted to the Hong Kong government as part of its public consultation on the treatment of parody under the copyright regime. This post continues from where the previous post left off. It discusses a forthcoming article I contributed to the Symposium on User-Generated Content under Canadian Copyright Law, which […]

Transplanting the Canadian UGC Exception to Hong Kong: Part 1

In July 2013, the Hong Kong government conducted a public consultation on the treatment of parody under the copyright regime. Building on two earlier consultations on digital copyright reform in December 2006 and April 2008, this latest consultation identified three legislative options: (1) clarifying the threshold for criminal copyright infringement; (2) introducing a specific criminal […]

Taking ATRIP Down Memory Lane

The International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) was founded in Geneva in July 1981, with the support and assistance of the World Intellectual Property Organization. This professional academic association now includes hundreds of intellectual property professors and researchers from around the world.

The Curious Case of Fake Beijing Olympics Merchandise

This chapter closely scrutinizes the intellectual property developments during the Beijing Olympics to determine whether this important world event has provided the much-needed example to show that China could effectively address the counterfeiting problem when national interests are at stake.

Region Codes and the Territorial Mess

Intellectual property rights are territorial by nature. Copyright holders cannot yet obtain unitary protection throughout the world. Instead, they obtain rights in Australia, Brazil, China, France, South Africa, and the United States. What type of rights they obtain, how strong these rights will be, and whether the rights will be effectively enforced depend largely on […]

Intellectual Property and Human Rights in the Nonmultilateral Era

In the past decade, the European Union and the United States have actively established bilateral, plurilateral, and regional trade and investment agreements. While the United States developed free trade agreements (FTAs), with a strong focus on trade, investment, and related areas, the European Union negotiated both FTAs and economic partnership agreements (EPAs) with its trading […]

The Alphabet Soup of Transborder Intellectual Property Enforcement

In the past few years, policymakers, academic commentators, consumer advocates, civil liberties groups, and user communities have expressed grave concerns about the steadily increasing levels of enforcement of intellectual property rights. Many of these concerns relate to the “alphabet soup” of transborder intellectual property enforcement, which consists of the following: SECURE (Standards to Be Employed […]

Legal Transplants in the Digital Age

Professor Peter Yu holds the Kern Family Chair in Intellectual Property Law and is the founding director of the Intellectual Property Law Center at Drake University Law School. He writes extensively on international trade, international and comparative law and the transition of legal systems in China and Hong Kong, and is the author or editor […]