Category Domestic Policy

Education International Submission to the Select Committee on Trade and International Relations Concerning the Copyright Amendment Bill [B13B -2017]

[David Edwards] Education International (EI) would like to support the progressive proposals to amend the South African Copyright Act. Education International (EI) is a Global Union Federation that represents organisations of teachers and other education employees. It is the world’s largest, most representative sectoral organisation of unions with more than 32 million trade union members in about 400 organisations in 170 countries and territories. Our African regional office is based in Accra and brings together approximately 121 member organisations from countries across the continent.

Faced with Unreasonable Medicines Prices, the Netherlands Introduces Pharmacy Exemption in Patent Law

[Ellen t'Hoen] On 1 February 2019, article 53(3), second sentence of the Dutch Patent Act 1995 came into force introducing a patent exemption for the preparation of medicines in a pharmacy. Article 53(1) of the Dutch Patent Act provides the usual list of exclusive acts reserved for the patent holder: to make, use, put on the market or resell, hire out or deliver the patented product, or otherwise deal in it in or for his business, or to offer, import or stock it for any of those purposes. The law now provides an exemption for pharmacy preparation to these exclusive acts.

Comment to the South African Parliament, re: Copyright Amendment Bill [B13B – 2017]

[Sean Flynn and Peter Jaszi] We commend the Copyright Amendment Bill’s proposed introduction of an innovative, forward-thinking and South Africa-specific open general exception for “fair use.” The enclosed comments make the following main points: Fair use promotes innovation and free expression - as shown in the experience of other countries who have adopted it; The fair use provision, and the other limitations and exceptions in the bill, are fully compliant with the international “three step test”; The fair use clause will increase predictability under the law by adding an explicit fairness test; Experience in other countries does not support allegations that adopting fair use will increase litigation, shift burdens of proof onto copyright holders, decimate thepublishing industry or authorize widespread piracy.

The Text of Article 13 and the EU Copyright Directive Has Just Been Finalised

[Julia Reda, MEP] In the evening of February 13, negotiators from the European Parliament and the Council concluded the trilogue negotiations with a final text for the new EU Copyright Directive. For two years we’ve debated different drafts and versions of the controversial Articles 11 and 13. Now, there is no more ambiguity: This law will fundamentally change the internet as we know it – if it is adopted in the upcoming final vote. But we can still prevent that!

AG Szpunar on Copyright’s Relation to Fundamental Rights: One Step Forward and Two Steps Back?

[Daniel Jongsma] Abstract: This paper discusses three recent Opinions by Advocate General Szpunar of the CJEU, all touching upon the relationship between copyright and fundamental rights. It discusses several problematic elements in the AG’s approach. In dealing with questions regarding the scope of the reproduction right and the quotation exception, his over-reliance on textual arguments leads to expansive copyright protection. The arguable negative impact this has on the fundamental rights of others, and with it the question whether this interpretation strikes a “fair balance”, is largely ignored. Regarding the question whether fundamental rights can act as external constraints on copyright, the AG ultimately fails to develop a coherent framework suitable for use in future cases.

OPEN SCIENCE ON THE MOVE IN SERBIA

[Milica Sevkusic] In July 2018, the Ministry of Education, Science and Technological Development (MESTD) of the Republic of Serbia adopted a national open science policy. As the MESTD is the main national funder of research in Serbia, this policy, titled the Open Science Platform, serves as the national open science policy. The MESTD policy mandates deposits of all publicly-funded research in open access (OA) repositories, and recommends OA to research data. It also states that research institutions should adopt institutional open science policies within six months of the launch of the policy, using the national policy as a framework - and thus ensuring implementation of the national policy at the institutional level.

Ahead of Last Trilogue: On Balance the Directive Is Bad for Users and Creators in Europe

[Communia Association] Today we are launching a new minisite called “Internet is for the people” that provides an overall assessment of the Directive on Copyright in the Digital Single Market. Our assessment takes into consideration all the key parts of the Directive. In order to do this, we analysed nine different issues that are included (or have not been included) in the proposal for the Directive: Upload Filters, the Press Publishers Right, Text and Data mining, access to Cultural Heritage, Education, the protection of the Public Domain, a Right to Remix, Freedom of Panoramaand Fair Remuneration for Authors and Performers. Each issue was then scored, allowing us to provide an overall score of the Directive based on an understanding of all elements of the proposal.

Singapore Copyright Review – Enhancing Creators’ Rights and Users’ Access to Copyrighted Works

[Singapore Ministry of Law] The Ministry of Law (MinLaw) will amend the Copyright Act to update Singapore’s copyright regime to better support creators and the use and enjoyment of creative works in the digital age. The proposed changes include better recognising creators for their work, allowing easier access to copyrighted materials for educational purposes and supporting creators and users in the collective licensing of copyrighted works. These changes are outlined in the Singapore Copyright Review Report released by MinLaw and the Intellectual Property Office of Singapore (IPOS) today.

Time to put a Stop to The Abuse of Orphan Drug Regulation: The Latest Scandal

[Ellen 't Hoen] Today, the Dutch Medical Journal (Nederlands Tijdschrift voor Geneeskunde) reported on the case of lutetium-octreotaat, a cancer drug developed by researchers in the Dutch Erasmus medical centre in Rotterdam. For the last 18 years, the hospital pharmacy made the medicine to treat their patients, keeping prices relatively low. But now the drug is being marketed by Swiss pharmaceutical giant Novartis, and its price has skyrocketed to Euro 23,000 an infusion from an original price of Euro 4,000 an infusion. This takes the price of a complete treatment of 4 infusions to nearly Euro 100,000, a price point at which health insurers no longer wish to reimburse its use.

Pharmaceutical Import Prices Rise More Rapidly After Countries Enact Data Exclusivity

This post will demonstrate that prices of pharmaceutical imports have grown more quickly after countries adopted data exclusivity in their laws. It is also intended to show that trade data can be a useful source of information for studies of drug pricing. The post is based on my presentation given at pre-Global Congress workshop on empirical research into the effect of TRIPS-Plus trade agreements on access to medicines.

The Trump Administration’s New Green Paper is Full of Give-Aways to Big Pharma

On December 6, the Trump Administration released a new Return on Investment Initiative Draft Green Paper full of give-aways to Big Pharma and other private companies that piggyback on U.S. funded research and reap monopoly rights to sell resulting innovations at bloated prices. These IP-maximalist proposals, including curtailing of government-use rights and march-in rights with respect to technology transfer of federally funded research, (if implemented) would inevitably lead to higher prices contrary to President Trump’s rhetoric about lowering drug prices.