Today the Camara de Diputados ( House of Representatives) of Chile approved a resolution asking the Chilean government to support at the TRIPS council the moratoria of the trips obligations regard to vaccines and therapies for Covid in the terms proposed by India and South Africa. The resolution also request further support on the implementation of C - TAP.
South Africa, along with India, has adopted a ground-breaking position at the World Trade Organisation (WTO) with the tabling of the proposal for a “Waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19”. The proposal will be on the agenda of the WTO TRIPS Council on 15-16 October 2020. As a group of academics, researchers and teachers affiliated to various South African institutions, we declare our strong support for this proposal.
On October 2, India and South Africa petitioned the World Trade Organization (WTO) to allow all WTO members to bypass granting or enforcement of patents, trade secrets, industrial designs, and copyrights on COVID-19-related drugs, vaccines, diagnostics and other medical technologies for the duration of the pandemic – until global ‘herd immunity’ is achieved. The proposed “Waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19” should be promptly and emphatically supported by governments, international institutions, global health initiatives, and all of civil society—from health workers, to academics, and access-to-medicines activists.
[Wend Wendland] The continent-wide free trade zone created by the Agreement Establishing the African Continental Free Trade Area (the AfCFTA) has the potential to catalyse intra-African trade, boost economic development and lift tens of millions of Africans out of poverty. From a trade and development perspective, the AfCFTA advances a fresh trade model focused on inclusive and sustainable development. In recognizing the centrality of intellectual property (IP) protection in today’s economy, and the benefits of continental cooperation on IP, the AfCFTA will include a Protocol on IP, an early draft of which has been published. Finalization of the IP Protocol holds the promise of a home-grown, single, coherent and Africa-centred IP regime. This could harmonize the fragmented IP landscape of today while safeguarding national policy space on key issues, strengthen the hands of African negotiators in international forums and even help propel currently deadlocked international negotiations towards the finish line. This blog post examines the elements of the draft Protocol related to genetic resources, traditional knowledge and traditional cultural expressions (expressions of folklore). It is too soon to tell whether the IP Protocol will realise its promise and advance the policy objectives, principles and transformative potential of the AfCFTA. Future drafts of the Protocol will be followed closely by “Multilateral Matters”.
[Viviana Munoz Tellez] India and South Africa are calling for the WTO Members to agree to waive some of the obligations on protection and enforcement of patents and other intellectual property rights during the Covid-19 pandemic. The South Centre encourages all WTO Members to support the proposal in the upcoming TRIPS Council meeting on 10-11 October 2020 to forward a request to the General Council for the adoption of the decision text.
[Nirmalya Syam] The least developed country (LDC) members of the World Trade Organization (WTO) have submitted a request to the upcoming session of the TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) Council for an extension of the transition period available to LDC members under Article 66.1 of the TRIPS Agreement, for as long as they remain LDCs, and for an additional period of 12 years following their official graduation from the LDC category as determined by the United Nations (UN) General Assembly.
[Brigitte Vézina and Scann] Four years ago today, the Marrakesh Treaty entered into force. The Treaty is truly special in the international copyright law universe: it has a clear humanitarian and social development dimension and it’s the first international treaty that focuses on the beneficiaries of limitations and exceptions, rather than on the rights of creators or holders of related rights. Adopted at the World Intellectual Property Organization (WIPO) in 2013, the Marrakesh Treaty’s main goal is to create a set of mandatory limitations and exceptions for the benefit of the blind, visually impaired, and otherwise print disabled (VIPs). The Marrakesh Treaty is a huge step forward for VIPs around the world, as it facilitates access to works in adapted versions. However, making sure the treaty works on the ground in each country or institution is not necessarily plain sailing.
[Nirmalya Syam] A regular session of the TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) Council was held virtually on 30 July 2020. This session offered the first opportunity for the World Trade Organization (WTO) Members to discuss intellectual property (IP) related issues in the context of COVID-19. Discussions focused on national measures taken by various countries in relation to IP in response to COVID-19 as well as the scope of the use of TRIPS flexibilities across the spectrum of various IP rights in order to ensure rapid development, scaled up manufacturing of and affordable, timely and equitable access to various technologies and products required to respond to COVID-19. South Africa made a strong general statement pointing to the need to consider new bold measures that will comprehensively and expeditiously address IP challenges.
[World Intellectual Property Organization press release] On 29 July, the Directors-General of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) presented a new edition of the Trilateral Study on Access to Medical Technologies and Innovation. Building on the first edition launched in 2013, the publication seeks to strengthen the understanding of the interplay between the distinct policy domains of health, trade and intellectual property (IP), and how they affect innovation and access to medical technologies, such as medicines, vaccines and medical devices. The second edition provides an improved, evidence-based foundation for policy debate and informed decision-making at a critical time for global health.
Today, I want to provide some highlights from my research on current litigation on AI and machine learning. Case law can provide guidance on how to address these new technologies. I have analyzed litigation from the United States, Australia, China, and Canada which involves AI and Machine Learning. Litigation regularly involves a diverse set of laws including: copyright´s creativity, authorship, or registration requirements; publication and communication rights; violation of Technological Protection Measures (TPM’s); breach of contracts; trade secret misappropriation; or enforcement of website terms of service.
I speak on behalf of a number of copyright academics that recently released a statement on Implementing User Rights for Research in the Field of Artificial Intelligence: A Call for Action at International Level... Many countries have rights to reproduce materials for research purposes that are broad enough to permit text and data mining to train AI and for other purposes. But many laws are inadequate because they are restricted to non-commercial uses, excerpts of works, or do not extend to the communications between researchers necessary to enable collaboration and validation.
[Sara Bannerman] Abstract: Abstract: The UN’s Agenda for Sustainable Development is being taken up throughout the international system, including at the World Intellectual Property Organization (WIPO). This article examines WIPO’s approach to the sustainable development agenda in light of its past approaches to development.