[Daniel J. Gervais] Abstract: The WTO has begun its work on the interface between Big Data and trade law, including the TRIPS Agreement. After defining Big Data, this paper explores how TRIPS and especially the copyright section might apply. It also discusses briefly the EU database right and then considers how an exception for Text and Data Mining (TDM) might be analyzed under TRIPS and the three-step test.
[Sean Flynn] Over 250 organizations, prominent researchers, and experts support South Africa and India’s recent proposal to temporarily waive World Trade Organization (WTO) rules on intellectual property — including copyright — for the “prevention, containment and treatment of COVID-19.”... Most of the public debate on the proposal focuses on patent barriers to the production of generic versions of vaccines. Some commenters have proposed a way forward by dropping the non-patent issues. Research by the Program on Information Justice and Intellectual Property (PIJIP) helps demonstrate why the inclusion of copyright in the waiver is needed. One reason the existing TRIPS “flexibilities” for countries to issue compulsory licensing for patents is not adequate to scale up vaccine and treatment production around the world is that patents are not the only barrier. Access to industrial designs, undisclosed information and, yes, copyright is also often necessary.
[Deborah Gleeson] ...Australia has gifted 8,000 doses to Papua New Guinea, and vowed to help the nation of almost 9 million secure 1 million more. Earlier this month Australia agreed to work with the US, India and Japan to provide 1 billion vaccines to poorer countries in the Asia-Pacific. It is also supporting COVAX, the global program aiming to buy and distribute 2 billion COVID-19 vaccine doses to developing nations by the end of 2021. But all this could be negated through Australia’s potential spoiling role (with a handful of other countries) against a proposal supported by 118 countries to ramp up vaccine production by relaxing the trade rules governing intellectual property.
[Joint letter signed by 20 civil society groups] Dear Ambassador Tai: Congratulations on your confirmation as United States Trade Representative. We write to request that the Biden-Harris Administration return to the Obama-Biden Administration policy of protecting and promoting fair use rights in international copyright policy. The Trump Administration abandoned this policy, and took the contrary position of pressuring countries such as South Africa to abandon fair use proposals. The undersigned organizations, representing consumers, librarians, archivists, educators, and creators, urge this Administration to once again prioritize fair use as an engine of equity. In particular, the United States should praise, not punish, other countries that seek to incorporate fair use in their national copyright laws.
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.
[Teresa Nobre] Today, Communia and a group of over 100 organisations and more than 150 individuals issued a statement calling for the World Trade Organization (WTO) to temporarily suspend its rules on intellectual property where needed to support the prevention, containment and treatment of COVID-19. This diverse group representing researchers, educators, students, information users, and the institutions that support them, urges all WTO Members to endorse the TRIPS waiver proposal presented by India and South Africa, including provisions that address “the copyright barriers to the prevention, containment and treatment of COVID-19”.
[Education International] Just 10 countries, some of the richest in the world, have administered 75% of vaccinations. Meanwhile, around 130 countries that account for 2.5 billion people have not administered a single dose. This is not an issue on which we can afford to be passive. The only solution to a global pandemic is global solidarity,” stated David Edwards, Education International General Secretary, opening EI’s webinar on vaccine equity...Education International and its member organisations fully support the TRIPS waiver proposal and will continue to push, at both national and international levels, for equitable access to lifesaving vaccines and medical products. Click here for more information on the TRIPS waiver proposal. Click here for more.
A group of 27 civil society organizations has drafted a statement to the World Trade Organization (WTO) highlighting the need to overcome copyright barriers to ensure an equitable response to COVID-19. The statement is open for endorsements from both organizations and from individuals until March 18. It will be formally submitted to the WTO on March 22.
[Electronic Information for Libraries] EIFL and IFLA (the International Federation of Library Associations and Institutions) have called on the Members of the World Trade Organization (WTO) to extend international trade law measures which reduce burdens on the poorest countries, and allow them to set regulatory frameworks for copyright to enable their libraries to support education, research and cultural participation. The call comes ahead of a formal meeting of the WTO Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS), that monitors implementation of the TRIPS Agreement. The meeting, that takes place on 10-11 March 2021, will discuss, among other issues, a request by Least Developed Countries (LDCs) to extend an exemption for LDCs from implementing the substantive obligations for protection and enforcement of IP rights, including copyright, in the TRIPS Agreement.
[Deborah Gleeson] ...Much of the reporting on vaccine nationalism tends to focus on the hoarding of vaccines by particular countries. But we should question why the supply of vaccines is so limited in the first place. This comes down to privately held monopolies on the intellectual property and other types of knowledge, data and information needed for making vaccines. While there is manufacturing capacity available globally to ramp up vaccine production, the exclusive rights to make and sell the vaccines are held by a small number of companies. This is despite a huge investment of public funding in the development of many vaccines.
[Nirmalya Syam] Least developed country (LDC) Members of the World Trade Organization (WTO) have submitted a duly motivated request for the extension of the transition period under Article 66.1 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which exempts LDCs from implementing the obligations for protection and enforcement of intellectual property rights under the Agreement, in view of their vulnerabilities, special needs, economic, administrative and financial constraints, and the need for a sound and viable technological base. This request, submitted prior to the expiry of the current transition period on 1 July 2021, seeks a further extension for as long as those Members remain LDCs, and also for an additional period of 12 years after their graduation.
[Henrique Zeferino de Menezes] Despite multilateral commitments and political statements of solidarity and cooperation to guarantee the availability and access to COVID-19 vaccines (and other relevant technologies for control and treatment), the scenario after the beginning of vaccination is marked by the deepening of vaccine nationalism, the concentration of inputs and vaccines production, and the uneven distribution of options of vaccine doses already approved for use. This pattern of production restrictions and unequal access will lead to an increase in international inequalities, leaving a large part of the world to have access to vaccines not until 2024.