InfoJustice Eds.

  • Joined: July 15, 2019
  • Articles: 297

EIFL-KLISC Fact Sheet on US-Kenya Trade Talks

[Electronic Information for Libraries] EIFL and our partner library consortium in Kenya, the Kenya Libraries and Information Services Consortium (KLISC), have issued a fact sheet on the proposed US-Kenya Free Trade Agreement (FTA), a comprehensive bilateral trade agreement that aims to strengthen economic ties between the US and Kenya... At least 20 priority areas for negotiation have been identified, including intellectual property (IP). However, any requirement to apply a standard of IP protection similar to that found in US law to Kenya, as a developing country, raises significant concerns among libraries and other civil society stakeholders.

Civil Society letter on the Article 17 implementation guidance

Earlier today 27 (update 16-09-2020: 30) civil society organisations sent a joint letter to Commissioner Breton summarising our responses to the Article 17 guidance consultation that closed last week... The letter expresses concerns that the proposed Article 17 guidance endorses the use of automated content blocking by online services even though it is clear that this will lead to the violation of fundamental rights. It also warns that implementations of Article 17 based on the proposed guidance will violate established principles of EU law.

Global Congress: Week on Intellectual Property, Public Interest and COVID-19 – Apply Now!

For all those interested who were waiting for the development of the Global Congress in 2020, we inform you that the event and in its full version, has been postponed to the year 2021. However, we invite you to participate in the activities that we will be organizing for this 2020 to be realized between the 5th and the 9th of October 2020, in order to have a virtual meeting space for the discussion of these topics that have shown their relevance in the framework of the global pandemic.

Commission consultation on Article 17 guidance: User rights must be protected at upload

[Paul Keller] At the end of July the Commission published a long awaited “targeted consultation addressed to the participants to the stakeholder dialogue on Article 17 of the CDSM Directive“. With this consultation the Commission makes good on its (pre-covid) promise to “share initial views on the content of the Article 17 guidance” with the participants of the stakeholder dialogue. Nestled in-between 18 questions, the consultation document provides a detailed outline of what the Commission’s guidance could look like once it is finalised. While we have been rather sceptical after the end of the six meetings of the stakeholder dialogue meetings, we are pleased to see that the initial views shared by the Commission express a genuine attempt to find a balance between the protection of user rights and the interests of creators and other rightholders, which reflects the complex balance of the provisions introduced by Article 17 after a long legislative fight.

Creative Commons Is Now Leading the Open COVID Pledge—Here’s What That Means

[Diane Peters and Eric Steuer] We’re pleased to announce today that Creative Commons is taking on leadership and stewardship of the Open COVID Pledge. Earlier this year, CC joined forces with an international group of researchers, scientists, academics, and lawyers seeking to accelerate the development of diagnostics, vaccines, therapeutics, medical equipment, and software solutions that might be used to assist in the fight against COVID-19. The result was the Open COVID Pledge, a project that offers a simple way for universities, companies, and others to make their patents and copyrights available to the public to be utilized in the current public health crisis. Users of Creative Commons licenses will be familiar with the Open COVID Pledge’s approach. Like CC licenses, the Open COVID Pledge offers free, standard, public licenses that anyone can use to remove unnecessary obstacles to the dissemination of knowledge.

An Open Letter to the Government of South Africa on the Need to Protect Human Rights in Copyright

[Cory Doctorow] Five years ago, South Africa embarked upon a long-overdue overhaul of its copyright system, and, as part of that process, the country incorporated some of the best elements of both U.S. and European copyright. From the U.S.A., South Africa imported the flexible idea of fair use -- a set of tests for when it's okay to use others' copyrighted work without permission. From the E.U., South Africa imported the idea of specific, enumerated exemptions for libraries, galleries, archives, museums, and researchers. Both systems are important for preserving core human rights, including free expression, privacy, education, and access to knowledge; as well as important cultural and economic priorities such as the ability to build U.S.- and European-style industries that rely on flexibilities in copyright.

ON A KNIFE EDGE? SOUTH AFRICA’S NEW COPYRIGHT LAW

[EIFL] The Copyright Amendment Bill [B13B - 2017] had been sitting on the desk of President Cyril Ramaphosa for over a year waiting to be signed into law. In June 2020, when Blind South Africa issued a legal challenge over the delay, the President acted. But instead of signing the Bill that had been approved by the legislature, the President used his prerogative to return it to parliament citing constitutional concerns with certain aspects, including new exceptions for libraries, education and persons with disabilities. The President’s rejection of the Bill is widely seen as the result of pressure by copyright industries, and the threat of trade sanctions and reduced future investment from the United States and the European Union.

COVID and Copyright – The Right to Research

[Teresa Hackett] In Part II of this two-part blog, EIFL Copyright and Libraries Programme Manager Teresa Hackett examines how the COVID-19 pandemic has highlighted the importance of the right to research through two key issues, text and data mining and digital preservation by cultural heritage institutions, and how WIPO’s proven formula could address the issues. In Part 1 of the blog, we looked at the immediate challenges the COVID-19 pandemic posed for the copyright and licensing framework as education moved online.

WTO TRIPS Council Discusses National IP Measures and TRIPS Flexibilities in the Context of COVID-19

[Nirmalya Syam] A regular session of the TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) Council was held virtually on 30 July 2020. This session offered the first opportunity for the World Trade Organization (WTO) Members to discuss intellectual property (IP) related issues in the context of COVID-19. Discussions focused on national measures taken by various countries in relation to IP in response to COVID-19 as well as the scope of the use of TRIPS flexibilities across the spectrum of various IP rights in order to ensure rapid development, scaled up manufacturing of and affordable, timely and equitable access to various technologies and products required to respond to COVID-19. South Africa made a strong general statement pointing to the need to consider new bold measures that will comprehensively and expeditiously address IP challenges.

WHO, WIPO, WTO launch updated study on access to medical technologies and innovation

[World Intellectual Property Organization press release] On 29 July, the Directors-General of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) presented a new edition of the Trilateral Study on Access to Medical Technologies and Innovation. Building on the first edition launched in 2013, the publication seeks to strengthen the understanding of the interplay between the distinct policy domains of health, trade and intellectual property (IP), and how they affect innovation and access to medical technologies, such as medicines, vaccines and medical devices. The second edition provides an improved, evidence-based foundation for policy debate and informed decision-making at a critical time for global health.