Category US Domestic Legislation

Request to Testify and Public Comment, re: GSP Review of South Africa

...I would like to start with the standard of review in this matter. As noted in the Federal Register Notice, and as included in the relevant statutes, the statutory standard is “adequate and effective intellectual property” ... The plain language of the statutes would suggest that this is a minimum standard. South Africa has a full panoply of intellectual property rights statutes that meet the requirements of all relevant international treaties. The inquiry should end there.

Comment to USTR for the 2019 GSP Review of South Africa

[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.

Making Sense of South Africa’s New Copyright Bill and US Trade Threats

The Office of the US Trade Representative has announced a review of South Africa’s eligibility for Generalised System of Preferences benefits. The office took the step after it was petitioned by the International Intellectual Property Alliance, a private sector coalition representing large US entertainment companies. At issue is South Africa’s Copyright Amendment Bill, which has been waiting for the South African president’s signature for eight months. Charl Blignaut asked Professor Sean Flynn and lawyer Jonathan Band to explain the issues.

Top Trade Officials from US and South Africa to Meet Over Copyright Amendments Bill Dispute

The Daily Maverick reports that South African Minister of Trade and Industry Ebrahim Patel and U.S. Trade Representative Robert Lighthizer will soon meet to discuss a dispute over South Africa's proposed Copyright Amendments Bill. The U.S. Trade Representative (USTR) has launched a formal review of South Africa's trade benefits through the General System of Preferences (GSP), to investigate whether the Amendments violate the GSP's eligibility criterion that beneficiary countries provide" provide adequate and effective protection of intellectual property rights." It is doing so at the request of the International Intellectual Property Alliance, a US-based trade group representing publishers.

Remembering … Then and Now – Rights Administration and the South African Publishing Industry Before and After the End of Apartheid

The beginning of the end of apartheid came very suddenly so was a turbulent period with emotions running very high, veering from extreme euphoria at the prospect of a free and democratic South Africa, to an overwhelming sense of fear that this dramatic change might prove illusory. There are memories of the period that remain very vivid, in spite of the time that has elapsed since then, and these remain relevant, not least in understanding the turbulent responses to the introduction of a new copyright regime.

Protecting Exceptions: New Survey of Legislation Safeguarding the Rights of Libraries and their Users

[International Federation of Library Associations] A major advance in the most recent European copyright reform has been the inclusion of a ‘contract override’ provision for most of the new copyright exceptions. This addresses the problem that thanks to the principle of freedom of contract, libraries can often find themselves with fewer possibilities to allow for access to, and use of, a work than the law suggests.

President Ramaphosa: Please Sign Copyright Bill

[Electronic Information for Libraries] In a letter to Cyril Ramaphosa, President of the Republic of South Africa, EIFL urged the President to sign into law the long-awaited Copyright Amendment Bill without delay. The Bill, amending the 1978 Copyright Act, was approved by the legislature in March 2019 and awaits the Presidential assent. The Bill introduces new exceptions for libraries, education and people with disabilities, and brings copyright rules in South Africa into the digital age.

Five Reasons the U.S. Should Not Review Its Dealings With South Africa

[Sean Flynn and Jonathan Band] On November 13, 2019, BusinessTech published an article listing the International Intellectual Property Alliance’s five primary concerns with the Copyright Amendment Bill awaiting President Ramaphosa’s signature. These concerns have led the U.S. Trade Representative to review the eligibility of South Africa for trade preferences. An examination of these five concerns reveals that they have no merit.

The Biosimilar Action Plan: An Effective Mechanism for Balancing Biologic Innovation and Competition in the United States?

[Simone A. Rose and Tracea Rice] Abstract: The strain between balancing pharmaceutical innovation and competition in the United States (U.S.) is centered around the need to ensure that the U.S. continues to encourage medical innovation while simultaneously providing patients with access to affordable and innovative drug treatments. This tension exists whether the drugs at issue are chemically-synthesized or complex large molecule drugs, such as biologics. In 2010, Congress passed the Biologic Price Competition and Innovation Act (BPCIA). The statute created a statutory approval pathway for biological products shown to be biologically similar (biosimilar) to the originator or “brand” biologic, while retaining the same safety, purity, and potency as the brand. Unfortunately, the BPCIA’s provisions failed to accelerate biosimilar product development in the United States and we continue to lag behind Europe in providing patient access to affordable biosimilars.

USTR Launches Review of South African GSP Benefits

The USTR has announced that its next GSP review hearing will include consideration of the complaint by the IIPA alleging that South Africa’s adoption of a US style fair use right would violate the adequate and effective intellectual property requirement for GSP (19 U.S.C. 2462(c)(5)) primarily due to passage (but not yet signed into law) Copyright Amendment Act.