Sean M. Flynn

Sean M. Flynn
American University Washington D.C. | AU · Washington College of Law

Juris Doctor

About

27
Publications
3,493
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202
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Introduction
I work on collaborative research projects on promoting the public interest in intellectual property law and policy. I blog at www.infojustice.org

Publications

Publications (27)
Article
Most policymaking attention with respect to intellectual property barriers toCOVID-19 prevention, treatment and containment has been focused on patents.This focus is reflected in the World Trade Organisation (WTO) Ministerial Decisionon the TRIPS Agreement, adopted on 17 June 2022, which provides a limited waiverof TRIPS rules on compulsory licence...
Article
Link: https://digitalcommons.wcl.american.edu/research/75/ This Article categorizes the world’s copyright laws according to the degree to which they provide exceptions to copyright exclusivity for research uses. We classify countries based on the degree to which they have a research exception in their law that is sufficiently open to be able to pe...
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This Joint Academic Opinion discusses the referral by the President of South Africa of the Copyright Amendment Bill back to Parliament. We address the President’s reservations about the Bill’s constitutionality, as well his expressed concerns about the Bill’s domestic application of international law. We analyse each of, and only, the specific clau...
Article
Available at: https://digitalcommons.wcl.american.edu/research/71/ As the World Trade Organization considers a proposal to waive or otherwise address intellectual property barriers to the global response to the COVID-19 pandemic, most of the attention given by scholars and policy makers has been focused on patents. The original proposals by South...
Article
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Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a...
Article
Full-text available
Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a...
Article
Full-text available
For several years, research at the Max Planck Institute for Intellectual Property and Competition Law (MPI) − in collaboration with experts from all over the world − has examined the trend of bilateral and regional agreements that include provisions on the protection and enforcement of intellectual property (IP) rights. By building on this research...
Article
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The last weekend in August 2011, nearly 200 international intellectual property scholars and policy advocates gathered in Washington D.C. to “re-articulate the public interest dimension in intellectual property law and policy.” The meeting — christened the “inaugural Global Congress on Intellectual Property and the Public Interest” — produced the W...
Article
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The Washington Declaration on Intellectual Property and the Public Interest was drafted at the Inaugural Global Congress on Intellectual Property and the Public Interest. The Inaugural Global Congress convened over 180 experts from 32 countries and six continents to re-articulate the public interest dimension in intellectual property law and policy...
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This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relation...
Article
This Court should refuse to apply the First Amendment to Vermont’s Prescription Confidentiality Law based on two essential facts. First, the regulation at issue is limited to the commercial use or private-channel distribution of confidential data. It is thus governed by cases of this Court upholding the regulation of uses of information in purely p...
Article
This briefing paper provides preliminary analysis of two leaked U.S. proposals for an intellectual property chapter in the Trans Pacific Partnership (TPP) agreement. The U.S. proposal, if adopted, would create the highest intellectual property protection and enforcement standards in any free trade agreement to date. Its provisions are primarily bas...
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On the eve of the United States’ entry into the Anti-Counterfeiting Trade Agreement (“ACTA”), there is considerable confusion as to just what legal effect the agreement will have. In written answers to Senator Ron Wyden, the United States Trade Representative (“USTR”) went to lengths to describe ACTA as non-binding, asserting that “ACTA does not co...
Article
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The Greens/EFA Internet Core Group in the European Parliament, and a collection of its individual members, commissioned this analysis of potential impacts of the Anti-Counterfeiting Trade Agreement (ACTA) on access to medicines in developing countries.” On the whole, ACTA negotiators created an agreement that shifts international “hard law” rules a...
Article
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This brief was written in support of Vermont’s Prescription Confidentiality Law, which regulates the confidentiality of prescription records and protects them from being used by pharmaceutical companies as a “targeting tool” to identify doctors most susceptible to sales messages.
Article
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Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insura...
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One of the points of convergence among the many strands of the A2K movement is resistance to the one-size-fits-all ratcheting up of intellectual property provisions around the world. The resistance is grounded in analysis showing that intellectual property rules often create social costs that far outweigh their intended benefits. Much of the A2K mo...
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This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help...
Article
This paper offers an economic rationale for compulsory licensing of needed medicines in developing countries. The patent system is based on a trade-off between the "deadweight losses" caused by market power and the incentive to innovate created by increased profits from monopoly pricing during the period of the patent. However, markets for essentia...
Article
Plaintiffs in this case, IMS Health Inc. and Verispan, LLC, seek a preliminary injunction to prevent the enforcement of the New Hampshire Prescription Confidentiality Act, N.H. Rev. Stat. Ann. § 318:47-f (“New Hampshire Act” or “Act”). That Act protects consumers and the privacy interests of doctors by banning the increasingly common practice of us...
Article
Full-text available
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 interna...

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