[Felix Lobo] The purpose of this report is to analyse the vaccines industry under the focus of Industrial Economics as an input for the design of the pertinent instruments to promote development, manufacturing and distribution of vaccines against SARS-CoV-2 in sufficient amounts to immunize all countries as soon as possible. We also need to be prepared for future emerging infectious diseases with the potential of global expansion.
populations. A therapist who plays music in a private room for a patient is not subject to copyright restrictions. However, in the wake up of the COVID-19 pandemic, music therapy is no longer strictly confined to the face-to-face setting. The present study explores music therapists’ perceptions of copyright law with respect to their ability to provide mediated services to their clients.
[Ofer Tur-Sinai and Leah Chan Grinvald] Abstract: The COVID-19 pandemic that has gripped the world since early 2020 has underscored the need for an effective right to repair medical equipment. As healthcare systems have been pushed to the limit, keeping critical medical equipment (such as ventilators) in working order has become a matter of life and death. Unfortunately, the ability of hospitals and other health care providers to service and fix their medical equipment is often hindered by the tight control that original equipment manufacturers keep over repair of their products. On top of direct contractual restrictions on repair, one of the major difficulties encountered by hospital-based and third-party service providers is the lack of access to service manuals, service keys, schematics, replacement parts, and repair tools. The ability to block access to these critical items is abetted, in large part, by intellectual property laws.
[Thomas Margoni and Martin Kretschmer, Martin] Abstract: There is global attention on new data analytic methods. Data scraping (a typical first step for advanced data analytics), text and data mining (TDM, the extraction of knowledge from data) and machine learning (ML, often also simply referred to as Artificial Intelligence or AI) are seen as critical technologies. The legal issues involved in the regulation of data range from privacy and data protection (such as the GDPR) to proprietary approaches (such as copyright, database rights, or proposed new rights in data themselves). This paper focusses on one specific intervention, the introduction of two exceptions for text and data mining in the Directive on Copyright in the Digital Single Market (CDSM). Art. 3 is a mandatory exception for text and data mining (TDM) for the purposes of scientific research; Art. 4 permits text and data mining by anyone but with rightsholders able to “contract-out” (Art. 4), for example preventing TDM use of publicly available online content by “machine-readable means”. Click here for more.
[Mike Palmedo] This post introduces my chapter the Special 301 Report in the newly-published book Intellectual Property and Access to Medicines. The chapter, titled “Unilateral Norm Setting Using Special 301” focuses on Special 301 listings from 2009 to 2020 related to intellectual property policies that can be used to access generic medicines. This post will also describe the Special 301 listings in the 2021 Special 301 Report, which was released after the Covid-19 pandemic had taken hold. There were some differences in the 2021 Report pertaining to specific TRIPS flexibilities useful in the fight against Covid-19. However, much of the 2021 Report was similar to the reports released before the pandemic – the Report still criticized countries for policies that could help the fight against Covid-19.
[Michael S. Sinha, Sven Bostyn, and Timo Minssen] Abstract: ... This chapter addresses exclusivity issues, with a particular emphasis on regulatory exclusivities for vaccines and therapeutics. We begin with a basic overview of the current regulatory exclusivity landscape in Europe and the US, followed by a discussion of current developments in COVID-19 vaccines and therapeutics. Next, we describe the influence of these technological developments on debates surrounding regulatory exclusivities while describing their relationship to other forms of exclusivities. From these assessments, we draw some lessons for market exclusivity, innovation, and access during the COVID-19 pandemic and beyond.
[Muhammad Zaheer Abbas] Submission to the Australian Parliament’s Joint Committee on Law Enforcement Inquiry into Vaccine Related Fraud and Security Risks - Executive Summary: Australia needs to support the proposal of temporarily waiving intellectual property protections to scale up production and supply of vaccines and other COVID-19 related treatments and diagnostics. The Brand-name pharmaceutical industry’s claim that the proposed TRIPS waiver will result in the proliferation of counterfeit vaccines and treatments is not supported by empirical evidence.
[Mark A. Lemley and Pamela Samuelson] Abstract: We address an important issue the Supreme Court left unaddressed this spring in its blockbuster Google v. Oracle decision: are computer interfaces copyrightable at all? We argue that they aren’t, and that the Federal Circuit's decision to the contrary is an aberration that should not undermine a quarter century of consensus on the importance of interoperability and open APIs. In our view, denying copyright protection for APIs and encouraging interoperability is important not only for innovation in the software world but for restoring competition to a technology industry dominated by a few incumbent firms.
[Srividhya Ragavan] Amaka Vanni and I are pleased to share our new book, Intellectual Property Law and Access to Medicines: TRIPS Agreement, Health, and Pharmaceuticals. The book maps 25 years of TRIPS from the perspective of access to medication discourse by looking at three generations of access to medication debate.
[Timothy Vollmer] Last summer we hosted the Building Legal Literacies for Text Data Mining (LLTDM) institute... the participants and project team reconvened in February 2021 to discuss how participants had been thinking about, performing, or supporting TDM in their home institutions and projects with the law and policy literacies in mind. To maximize the reach and impact of Building LLTDM, we have now published a comprehensive open educational resource (OER) of the contents of the institute. The OER covers copyright (both U.S. and international law), technological protection measures, privacy, and ethical considerations.
From July 26 to September 10, the call for proposals will be open for the collaborative agenda of #IPWeek2021, Intellectual Property Week, the Public Interest, and COVID-19: learnings, discoveries, and challenges. This new version of Intellectual Property, Public Interest and COVID-19 Week will address the lessons and discoveries that the COVID-19 pandemic left to society, and future challenges in the post-pandemic period, in the relationship framework between intellectual property and the public interest.
[Michelle M. Wu] undermined both of those interests, redirecting the benefits of copyright towards themselves instead of the intended beneficiaries. This paper looks at the book, music, and entertainment industries, examines how copyright has been used to suppress the uses it was intended to foster, and explores ongoing and proposed avenues for course correction.