Category IP & Research

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.

Patent Law and 3D Printing Applications in Response to COVID-19: Exceptions to Inventor Rights

[Muhammad Zaheer Abbas] Abstract: ... This paper examines the issue of patent rights being at odds with access to critical 3D printable health technologies during COVID-19 crisis. It undertakes an in-depth analysis of the right to repair and calls for a clearer recognition of the right to repair exemption at the global level. It also evaluates the private and non-commercial use exception and proposes the use of a reasonably broad form of this exception to make it practically significant. It also considers the experimental use exception and calls upon WTO Member States to provide legislative clarity that a defence of an experimental use extends to repairs.

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.

New Survey on Access Barriers to Text and Data Mining Research

[Patricia Aufderheide] A new survey explores the problems researchers in various sectors experiences in attempting to use text and datamining (TDM), and you can help. TDM is a basic feature of daily digital life, for good and ill. It is what enables search; it drives targeted advertising; it feeds predictive policing; and increasingly for scholars it is a crucial tool to track networked behaviors and identify patterns relevant to their subject disciplines. Those disciplines are as wide-ranging as medicine, political science, engineering, legal studies and communication; for Internet studies, it is routine. But unless you work for a company that generates the data you want to study... it can be tricky to get your hands on the material. Copyright and contracts get in the way; so do terms of service. And library/archive policies. And, of course, lack of knowledge and misinformation. Our survey, offered in English, Portuguese and Spanish, will give us cross-cultural information on what problems researchers encounter, and what they do when they have those problems.

Webinar on Artificial Intelligence, Text- and Data Mining, and Big Data in Kenya

[Electronic Information for Libraries] EIFL is delighted to partner with the Kenya Copyright Board (KECOBO) for a webinar on emerging technologies of Text and Data Mining (TDM), Artificial Intelligence (AI), and Big Data. The webinar is organized in cooperation with the Kenya Libraries and Information Services Consortium (KLISC), EIFL’s partner in Kenya, and the Right to Research in International Copyright Law project.

Singapore’s Copyright Act 2021: New Exception for Computational Uses and Updates to Fair Use and Educational Exceptions

[Mike Palmedo] Singapore's new Copyright Act came into force on November 21. The law was amended to keep up with changes in ICT technology that affect the creation and consumption of copyrighted works. The Intellectual Property Office of Singapore has posted a good overview, and three more detailed descriptions... This post highlights three changes to the limitations and exceptions that may be of interest to InfoJustice's readers.

Kluwer Copyright Blog: Research Exceptions in Comparative Copyright Law

[Sean Flynn] Promoting research and access to its products has always been a core purpose of copyright law, often expressed in limitations and exceptions for research uses. Recent legal scholarship has examined the need for copyright exceptions for text and data mining (TDM) methodologies, and the doctrines recently enacted to achieve this purpose. Empirical scholarship has highlighted the positive impact on scholarship of copyright exceptions for TDM and of more “open” exceptions for research uses. Until now, however, there has not been a collection and categorization of the world’s copyright laws according to the degree to which they provide exceptions for research. The Program on Information Justice and Intellectual Property’s recent report, Research Exceptions in Comparative Copyright Law, fills this gap.

Now available: Open educational resource of Building Legal Literacies for Text Data Mining

[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.

Call for Proposals: Global Congress on Intellectual Property and the Public Interest #IPWeek2021

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.

Call for Research Proposals

The Academic Network on the Right to Research in International Copyright is calling for research relevant to the development of global norms on copyright policy in its application to research. Text and data mining research, for example, is contributing insights to respond to urgent social problems, from combatting COVID to monitoring hate speech and disinformation on social media. Other technologies make it possible to access the materials of libraries, archives and museums from afar - an especially necessary activity during the COVID pandemic. But these and other research activities may require reproduction and sharing of copyright protected works, including across borders. There is a lack of global norms for such activities, which may contribute to uncertainty and apprehension, inhibiting research projects and collaborations. We seek to partner with researchers interested in exploring the means and ends of recognizing a “right to research” in international copyright law. In our initial conception, there are at least three overlapping dimensions to the concept.

International Research Organizations Support WTO TRIPS Waiver for COVID-19

Over 250 organizations and prominent researchers and experts, representing millions of researchers, educators, libraries, and support organizations globally, call for reduction of copyright barriers to COVID-19 prevention, containment and treatment. Their statement, released today, calls particular attention to the need to include copyright rules within the waiver. Supporters of the Statement are holding an online public event and press conference Monday March 22, 9am EDT / 1pm UTC.