InfoJustice Eds.

InfoJustice Eds.

  • Joined: July 15, 2019
  • Articles: 282

Re:Create Interview with Sean Flynn

[ReCreate] For our latest Copyright Corner Q&A series installment, Re:Create spoke with Sean Flynn, Director of the American University Program on Information Justice and Intellectual Property. Flynn helps explain the meaning of “information justice,” the restrictions that continue to constrain research and education – even in today’s digital age – and how global IP laws impact access to the Covid vaccine. Flynn also helps readers better understand how the ability to make and use research materials is core to the freedom of expression and how copyright law can become an unjustifiable restriction without adequate exceptions.

Strong Support, Discordant Tunes: The African Group’s Proposal on a Work Program on Limitations and Exceptions Moves Forward in WIPO’s Committee on Copyright

[Desmond Oriakhogba and Dick Kawooya] The African Group’s (AG) proposal on a Work Program for Copyright Exceptions and Limitations (L&Es) was item 7 on the Agenda at the 42nd Session of the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights (WIPO-SCCR) held from 9 to 13 May 2022. In preparation for the 42nd Session, we noted that the African Group proposal for a Work Program on L&Es “picks up on where the [WIPO-SCCR] left off in 2019, and gives a focus to its future work on important issues of access to copyrighted works for education, research and other public interest purposes”; and, if adopted, the Work Program “will set WIPO on the path of formulating norms that will position the global copyright system to withstand future pandemics”.

WIPO SCCR 42: Statement by CIS on the Limitations and Exceptions Agenda Item

[Anubha Sinha] Thank you, Mr. Chair. I’m speaking on behalf of the Centre for Internet and Society, India. The Proposal by the African Group for a Draft work program on Exceptions and Limitations has the potential to address issues faced in the domains of access to information, culture and education, keeping in mind that there have been systemic shifts in the knowledge ecosystem since pandemic, which will endure in the long term as well.

COMMUNIA Statement to the 42nd WIPO SCCR on Limitations and Exceptions for Education and Research

[Teresa Nobre] ...There is absolutely no doubt that the restrictions copyright laws pose on access to knowledge and information condition the right to education and the right to research, and that educational and research exceptions would benefit society as a whole. That is what will determine whether teachers can show a short news report during live-streamed online classes, whether researchers can conduct medical research or track disinformation online.

Intellectual Property Institute Statement on the 42nd WIPO SCCR

[Intellectual Property Institute] The first half of the event focused on the Broadcasting Treaty proposal, which SCCR first discussed more than 15 years ago. The proposal would grant new exclusive rights to broadcasting organisations, but falls short on granting the necessary exceptions and limitations in public interest. NGOs such as Communia and EIFL have harshly criticised the proposal in that regard. In the second half of the event, exceptions and limitations to copyright for educational and research institutions were the focus of the discussion. The African group of delegates prepared and presented a draft programme proposal on the issue. They drew attention to the difficulties, encountered in African educational institutions, due to copyright protection of educational materials. In addition, many African libraries mostly operate in physical form and have poor access to digital materials.

WHO and MPP Announce Agreement with NIH for COVID-19 Health Technologies

[Medicines Patent Pool] WHO’s COVID-19 Technology Access Pool (C-TAP) and the Medicines Patent Pool (MPP) today finalised a licensing agreement with the United States National Institutes of Health (NIH) for the development of several innovative therapeutics, early-stage vaccines and diagnostic tools for COVID-19. The licences, which are transparent, global and non-exclusive, will allow manufacturers from around the world to work with MPP and C-TAP to make these technologies accessible to people living in low- and middle-income countries and help put an end to the pandemic. The 11 COVID-19 technologies offered under two licences include the stabilised spike protein used in currently available COVID-19 vaccines, research tools for vaccine, therapeutic and diagnostic development as well as early-stage vaccine candidates and diagnostics.

Getting Ready for WIPO

[Teresa Hackett] The 42nd session of WIPO's Standing Committee on Copyright and Related Rights (SCCR), the global forum that sets international copyright law and policy, takes place in Geneva from 9 - 13 May 2022. It is the first full meeting since the start of the pandemic... Three topics of high importance to libraries will be discussed during the week: the impact of the COVID-19 pandemic on libraries and education, a draft treaty for the protection of broadcast organizations, and an exciting new proposal for a work programme at SCCR on limitations and exceptions (L&Es) for libraries and archives, education and research.

Intellectual Property and Youth: Copyright Laws Must Advance the Right to Education

[Joint statement endorsed by 18 civil society groups] On the occasion of a World Intellectual Property Day focused on Intellectual Property and Youth, we call on governments to ensure that national and international copyright laws ensure the right to education for all. We applaud the choice of theme, which draws attention to the largest generation in history, who will be the driving force for sustainable and inclusive development. Yet, young people today are faced with considerable barriers to engage politically, economically and socially. Unfortunately, the COVID-19 pandemic has exacerbated preexisting challenges and created new obstacles that prevent youth and students from thriving. This has been particularly evident with regard to education.

An Examination of Selected Public Health Exceptions in Asian Patent Laws

[Kiyoshi Adachi] This study examines the variations within Asia of two exceptions to patent rights that are commonly justified under Article 30 of the World Trade Organization (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS Agreement), namely the research and experimentation exception and the regulatory review (or “Bolar”) exception. Both these exceptions are important in the context of the 2001 Doha Declaration on the TRIPS Agreement and Public Health insofar as they are designed to provide flexibility to protect public health and support countries’ overall scientific and technological aspirations. The study examines, from a comparative perspective, examples of these respective exceptions in patent legislation in South, Southeast and East Asia, and identifies peculiarities in the variations among countries in these sub-regions.

What Is the Impact of Intellectual Property Rules on Access to Medicines? A Systematic Review

[Brigitte Tenni, Hazel V. J. Moir, Belinda Townsend, Burcu Kilic, Anne‑Maree Farrell, Tessa Keegel and Deborah Gleeson] Abstract: It is widely accepted that intellectual property legal requirements such as patents and data exclusivity can affect access to medicines, but to date there has not been a comprehensive review of the empirical evidence on this topic. The World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires Member States to implement minimum standards of intellectual property protection including patents for pharmaceutical products, but also contains ‘flexibilities’ designed to address barriers to access to medicines. National intellectual property laws can also include TRIPS-plus rules that go beyond what is required by TRIPS. We aimed to systematically review literature that measures the impact of intellectual property rules on access to medicines, whether implemented as a result of TRIPS, TRIPS-plus provisions in other trade agreements, or unilateral policy decisions.

Letter to Canadian Ministers Regarding Proposed Amendments to Copyright Law on Term of Protection and Education Exceptions

[Jointly signed by 25 Canadian IP scholars] As a group of Canadian Intellectual Property Law scholars, we write to express our deep concern regarding the reference in the 2022 Federal Budget to amendments to the Copyright Act. We strongly urge you to exclude the contemplated amendments to the Copyright Act from any Budget Implementation Bill and ensure that their enactment would follow the ordinary legislative process.