Winning in California
Tuesday, April 26, 2011 12:26 pm | By Katerina Bricker

Last Thursday April 21, 2011, Steven Denton, San Diego Superior Court Judge, overthrew National City’s 2007 renewal of its redevelopment plan. This plan had given the city eminent domain power over an area that encompassed 692 properties. This is a big win!

The ruling came about because of a suit filed by the Community Youth Athletic Center (CYAC), which runs a youth boxing gym. The gym’s attorney is from the Institute for Justice based in Arlington Virginia, which is a nonprofit group that disputes eminent domain powers. The main argument the gym’s attorneys had with the 2007 plan was that the city abused its powers of eminent domain by designating the area as blighted without giving proper documentation and not allowing sufficient time for them to object.
In Denton’s fifty page ruling he stated, “Because most or all of the conditions cited as showing dilapidation or deterioration are minor maintenance issues, the court cannot determine with reasonable certainty the existence or extent of buildings rendered unsafe due to dilapidation or deterioration.” The City responded with the argument that they “tried” to find the gym a new location and they believe they gave them ample amount of time to respond.
National City wanted to make way for a 24-story, mixed-use condominium project. The CYAC was built for keeping local at-risk kids out of gangs. Clemente Casillas, the CYAC President, said, “I hope National City does the right thing now and throws in the towel so we can get back to focusing all our attention on helping to grow the kids in our community.  The city can have redevelopment, but that has to be done through private negotiation, not by government force.”
This is great news for people in California. This is the very first case interpreting the changes to the law since the 2007 response ruling to the Kelo decision. Dana Berliner, a senior attorney with the Institute for Justice, said, “This decision will go a long way in protecting Californians throughout the state against eminent domain abuse.”

Read More | Permalink | Comments (6)

Issa/ Eshoo Oppose Tech Mandates, Support Innovation
Wednesday, April 20, 2011 3:24 pm | By Kelsey Zahourek

Last week, Rep. Darrell Issa (R-CA) and Rep. Anna Eshoo (D-CA) introduced H. Con. Res. 4, the “Creativity and Innovation Resolution” This resolution highlights the importance of rewarding creators for their works, as well as protecting innovations from unnecessary mandates.

The debate currently being waged in Congress is whether radio broadcasters should be allowed to use copyrighted intellectual property without compensation because of the perceived promotional benefit to the owner of the creative work. Broadcasters are by law exempt from paying royalties to owners of sound recording copyrights. Past-proposed amendments in the House and Senate to the 1995 Act would eliminate the exemption for broadcast radio, thus requiring them to pay royalties to the owner of the sound recording.

The Property Rights Alliance has long been an advocate of the right of performers to collect royalties from broadcasters when their recordings are played on the radio, but unfortunately as a way to resolve this dispute there have been proposals to mandate that all mobile devices carry an FM receiver. An FM chip mandate is both unnecessary and harmful to tech innovation. In the current marketplace, consumers are offered hundreds of choices from smartphones to tablets, as well as a multitude of ways to enjoy music on these devices. If there truly is a high demand, the appropriate response comes from the market. Onerous government mandates do nothing more than drive up costs for consumers for a function they may not want.

I applaud Reps. Issa and Eschoo for standing up for artists' rights while resisting harmful government mandates.

Tags: IntProp | Read More | Permalink | Comments (8)

Harming Innovation Will Not Win the Future
Wednesday, April 20, 2011 3:04 pm | By Kelsey Zahourek

Last week when President Obama submitted his second budget proposal, much of the criticism was aimed at the trillions of dollars in tax hikes included within the plan. Of course, tax increases are extremely bad policy but I will leave that argument to my colleagues at Americans for Tax Reform. Also included within the Obama proposal is a plan that harms medical innovation and threatens the future of life-saving medicines that have transformed health care in America.

The United States currently has one of the strongest and fastest growing biotech and pharmaceutical industries in the world. The reason for this is innovators have been afforded a period of time in which they are allowed to recoup the costs of their investments before a generic comes to market. Obama’s 2012 budget undermines this ability by calling for a decrease in the data exclusivity period, the time in which a generic manufacturer may use the innovator’s research data, for brand biologics from 12 years to 7 years.

Biologics are drugs derived from living organisms and much more complex than traditional single molecule pharmaceuticals. Biologic drugs being researched today have been proven effective against diseases like cancer, HIV/AIDS, multiple sclerosis and diabetes. Research and development is very expensive (the average price of bringing a new biologic to market exceeds $1 billion) and companies need to have an incentive to keep inventing life-saving drugs.

For years, a debate was waged in Congress, not on whether to establish an approval pathway, but rather how long a data exclusivity period, should be granted. At twelve years data exclusivity, companies are just beginning to counter-balance the billions of dollars spent in investments. Denying companies enough time to gain back their investments would be extremely damaging to future innovations in this important field. The right balance needs to be struck that promotes competition and innovation. Granting a seven-year exclusivity period falls far short.

Tags: IntProp | Read More | Permalink | Comments (8)

<< Previous 12...41424344454647...7475Next >>