Category Domestic Policy

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.

Safeguarding User Freedoms in Implementing Article 17 of the Copyright in the Digital Single Market Directive

[Sign on document circulated by IViR, University of Amsterdam] On 17 May 2019 the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was officially published (DSM Directive). Article 17 (ex-Article 13) is one of its most controversial provisions. Article 17(10) tasks the Commission with organising stakeholder dialogues to ensure uniform application of the obligation of cooperation between online content-sharing service providers (OCSSPs) and rightholders, and to establish best practices with regard to appropriate industry standards of professional diligence. This document offers recommendations on user freedoms and safeguards included in Article 17 of the DSM Directive – namely in its paragraphs (7) and (9) – and should be read in the context of the stakeholder dialogue mentioned in paragraph (10).

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.

90 Organisations Demand Reform of African Regional Patent Office (ARIPO) to Improve Access to Medicines

Monrovia, Liberia, 18th November 2019 — More than 90 civil society organisations are today calling for urgent reform of the Harare Protocol of the African Regional Intellectual Property Organization (ARIPO) in order to ensure people have access to more affordable medicines. The organisations demand that Ministers representing ARIPO Member States — who are meeting for the ARIPO Administrative and Ministerial Councils from 18 to 21 November in Liberia to change how they grant patents on medicines, in order to promote cost cutting generic competition.

Creative Workers’ Union Letter to President of South Africa, re: Copyright Amendment Bill

[International Federation of Actors; International Federation of Musicians; and UNI – Media, Entertainment & Arts] We are writing to you as it has become apparent that several international industry federations in the publishing, music and audiovisual sector have approached you with scaremongering letters to avert your approval of a much-needed reform in South Africa, including vital provisions to enhance the livelihood of professional performers and authors. We want you to know that we strongly disapprove of this initiative.

Report and Webinar: Rethinking Trade Treaties & Access to Medicines

The Boston University Global Development Policy Center is hosting a webinar on Wednesday, November 13 from 9-11AM to launch the latest GDP Center report Rethinking Trade Treaties and Access to Medicines: Toward a Policy-Oriented Research Agenda hosted by the Trade & Medicines Working Group. The report synthesizes the state of knowledge on trade and investment treaties on access to medicines and advances a policy oriented research agenda intended to help policy-makers, civil society, and others make more informed decisions as they debate contemporary trade and investment treaties.

How Open Is the Open Data Produced by the U.S. Government?

Although the word open might imply access, many times, it does not imply transmission, reproduction, or re-use of material, as seen currently with most government open data and recently discussed at the GovDatax event. Recent laws require the federal government to make their public data available and they encourage agencies to share information between them. Still, in practice, there is a competing group of laws that restrict access to these very same data with a bulk of copyright restrictions, publicity and privacy rights that might be applicable, as well as contract limitations that fill the restrictions gap when no other law is available.

Article 17 Stakeholder Dialogue (Day 2): Filters, Not Licenses!

[Communia Association] On Tuesday this week the participants of the stakeholder dialogue on Article 17 of the EU copyright directive convened in Brussels for the second meeting. After a first meeting that focused on practices in the music, games and software sectors (see our report here), this week’s meeting focused on the current situation in the audiovisual (AV) and publishing sectors.