A group of 27 civil society organizations has drafted a statement to the World Trade Organization (WTO) highlighting the need to overcome copyright barriers to ensure an equitable response to COVID-19. The statement is open for endorsements from both organizations and from individuals until March 18. It will be formally submitted to the WTO on March 22.
The U.S Trade Representative will announce the 2021 Special 301 Review tomorrow. This is the annual review required by the Trade Act which identifies countries that “deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to U.S. persons who rely on IP protection.” The review is based partially on comments received from "interested parties" to the interagency Special 301 Subcommittee of the Trade Policy Staff Committee.
Thom Tillis, Chairman of the Senate Judiciary Subcommittee on Intellectual Property, has written U.S Trade Representative (USTR) Robert Lighthizer asking him to "prioritize strong intellectual property protections" in a trade agreement currently under negotiation with India. His letter states that "India has an unusually restrictive market when it comes to biopharmaceutical innovations," and notes that it is regularly included in the Special 301 Report.
Since its inception, the Special 301 Report has been an instrument used by the U.S. Trade Representative (USTR) to pressure foreign nations to change their laws at the behest of American business interests. Policies that allow countries to access lower-priced generic medicines feature prominently in USTR’s allegations of inadequate, ineffective protection of intellectual property. This working paper reviews trends in Special 301 listings over the past 12 years.
Thanks to Ante Wessels for calling to my attention to an EU Trade Policy Review, which aims "to build a consensus around a fresh medium-term direction for EU trade policy, responding to a variety of new global challenges and taking into account the lessons learned from the coronavirus crisis." The review includes a request for comments from the public, with submissions due September 15.
[Presentation and Discussion with Professor Nicole Hassoun, Binghamton University - July 15, 2020 | 5:00-6:00 pm EST] In Global Health Impact - Extending Access to Essential Medicines, Professor Nicole Hassoun proposes a novel approach to evaluate the impact of pharmaceuticals and pharmaceutical companies. The approach: Addresses questions and relies on methodology that is interdisciplinary in nature, covering fields of study including economics, political science, public policy, sociology, geography, and philosophy; Emphasizes empirical evidence as critical to assessing the capabilities and capacities of agents and institutions and valuing how facts inform political theory, and; Considers the obligations of pharmaceutical companies and the case for a new kind of ethical investment and consumption to promote global health from the perspective of bioethicists and business ethicists.
Last week, South African President Cyril Ramaphosa returned the Copyright Amendment Bill and the Performers' Protection Amendment Bill back to Parliament for further consideration. The legislation had been passed by the National Assembly and sent to the President to be signed into law, but it had generated strong opposition from rightholder groups, including those in the U.S. such as the IIPA.
[Mike Palmedo and Margarita Gorospé] In April 2019, IIPA petitioned USTR to review South Africa's GSP benefits, alleging it fails to provide "adequate and effective" protection of copyrighted works... IIPA notes the following concern with the quotations exception in South Africa's Copyright Amendments Bill: "Section 12B(1)(a) provides a broad and circular exception for quotation, permitting any quotation provided that 'the extent thereof shall not exceed the extent reasonably justified by the purpose,' but without enumerating the permitted purposes, for example, criticism and review." However, this type of language is not uncommon.
Last week, the Interagency Trade Policy Staff Committee chaired by the U.S. Trade Representative (USTR) held its hearing for the 2020 Special 301 Review... All of the documents associated with the investigation, including the request for comments, submissions from industries and countries, etc. and hearing statements are available at https://www.regulations.gov/docket?D=USTR-2019-0023. A transcript of the hearing will be posted on the docket within the two weeks. Below are some notes on the hearing.
PIJIP has created a page for comments submitted by members of the User Rights Network to the U.S. Trade Representative for its GSP Country Practice Review of South Africa. This review is being conducted in response to an IIPA petition critical of South Africa's Copyright Amendments Act.
[Mike Palmedo and Andres Izquierdo] Our submission demonstrates that it is common for countries to allow the use of copyrighted works for educational purposes – even full works – without the authorization of the copyright owner. We reviewed the copyright laws all the Members of the African Regional Intellectual Property Organization (ARIPO) and the WIPO Group of Latin American and Caribbean Countries (GRULAC) – a total of 38 countries.
The U.S. Trade Representative has released its request for comments for this year's Special 301 Review, in which it lists countries that are deemed to "adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to U.S. persons who rely on IP protection."