Category Multilateral Fora

Copyright Exceptions Across Borders: Implementing the Marrakesh Treaty

[Laurence R. Helfer, Molly K. Land, and Ruth L. Okediji] Abstract: This article reviews state ratification and implementation of the Marrakesh Treaty since its conclusion in 2013. We find that most states have adhered closely to the Treaty’s text, thus creating a de facto global template of exceptions and limitations that has increasingly enabled individuals with print disabilities, libraries and schools to create accessible format copies and share them across borders. The article argues that the Marrakesh Treaty’s core innovation—mandatory exceptions to copyright to promote public welfare—together with consultations with a diverse range of stakeholders, may offer a model for harmonising human rights and IP in other contexts.

WHO Recognizes the Open COVID Pledge as a Means to Advance Research and Science in the Fight Against COVID-19

[Diane Peters] Today, under the leadership of the World Health Organization, more than three dozen member countries and other organizations announced their support of the WHO’s Solidarity Call to Action. We are pleased that within this statement of principles, the Open COVID Pledge is featured as a mechanism that allows holders of valuable COVID intellectual property to meet the WHO’s call to action by immediately and freely making IP available to anyone for purposes of combating the disease. Through the generosity and vision of pledgors, this intellectual property can be used to develop and rapidly innovate medicines, test kits, vaccines, equipment, software and other technology to mitigate the pandemic’s impact. We count among our current Pledgors many technology giants, as well as research projects and institutes.

Articles 7 and 8 as the basis for interpretation of the TRIPS Agreement

[Thamara Romero] Abstract: Articles 7 and 8 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) play a central role in assuring the members of the World Trade Organization (WTO) the right to implement public health measures. The Doha Declaration on the TRIPS Agreement and Public Health is also an important element for the interpretation of any provision of the TRIPS Agreement that may have public health implications. The most recent and prominent example of the use of articles 7 and 8 for interpretation in WTO law can be found in the WTO Panel decision of 2018 on the Australia – Tobacco Plain Packaging dispute.

The 73rd World Health Assembly and Resolution on COVID-19: Quest of Global Solidarity for Equitable Access to Health Products

[Nirmalya Syam, Mirza Alas and Vitor Ido] Abstract: The annual meeting of the World Health Assembly (WHA) of the World Health Organization (WHO) held virtually on 18-19 May 2020 discussed the global response to COVID-19 and adopted Resolution WHA73.1 on “COVID-19 Response”... Though the Resolution makes a commitment of ensuring access to medical products, vaccines and equipment for all countries in a timely manner, there are no concrete actions defined. In order to ensure global equitable access, WHO Members should make full use of the flexibilities of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and also enhance transparency of costs of research and development (R&D), openness and sharing of data, tools and technologies, and build more capacity through technology transfer.

Non-Violation and Situation Complaints under the TRIPS Agreement: Implications for Developing Countries

[Nirmalya Syam] While the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provided for the applicability of non-violation and situation complaints to the settlement of disputes in the area of intellectual property (IP), when the World Trade Organization (WTO) agreements were adopted in 1994, a moratorium was put in place until WTO Members could agree on the scope and modalities for the application of such complaints. However, for more than two decades, discussions in the TRIPS Council on the subject have remained inconclusive. The biannual WTO Ministerial Conference has granted extensions of the moratorium with regularity. This paper reviews the debate on the applicability of non-violation and situation complaints under the TRIPS Agreement, including the arguments consistently held by two WTO Members that if the moratorium is not extended by consensus, non-violation and situation complaints would become automatically applicable.

Consultation on Implementing Marrakesh in Brazil Closes This Week

Last month, the Brazilian Secretariat of Culture (Secretaria Especial de Cultura) launched a 30 day public consultation on the Presidential Decree regulating the Marrakesh Treaty implementation, ending this week. Contributions can be made directly on the platform or by filling the form on the site. One of the key questions in the consultation process involves whether Brazil should adopt a commercial availability requirement.

World leaders unite in call for a people’s vaccine against COVID-19

[UNAIDS Press Release] More than 140 world leaders and experts, including the President of South Africa and Chair of the African Union, Cyril Ramaphosa, the Prime Minister of Pakistan, Imran Khan, the President of the Republic of Senegal, Macky Sall and the President of the Republic of Ghana, Nana Addo Dankwa Akufo-Addo have signed an open letter calling on all governments to unite behind a people’s vaccine against COVID-19. The call was made just days before health ministers meet virtually for the World Health Assembly on 18 May. The letter, which marks the most ambitious position yet set out by world leaders on a COVID-19 vaccine, demands that all vaccines, treatments and tests be patent-free, mass produced, distributed fairly and made available to all people, in all countries, free of charge.

WIPO Responds to Call to Act with New Tools on IP/COVID

The World Intellectual Property Organization has released two new initiatives and a policy statement on intellectual property and responses to the COVID pandemic. The new initiatives and policy statement respond to many of the issues raised in an earlier letter from a broad coalition to WIPO’s Director General asking for a clear stance on intellectual property and the COVID pandemic.

New Leadership at WIPO

[Teresa Hackett] In May 2020, member states of the World Intellectual Property Organization (WIPO) appointed Mr Daren Tang to WIPO’s top job in Geneva. As leader of WIPO, the global body that sets international law and policy on intellectual property issues, the new Director General takes charge of an organization whose direction on copyright determines how libraries do their work, especially in the digital environment. In this blog, Teresa Hackett, EIFL Copyright and Libraries Programme manager introduces the new Director General and sets out hopes for libraries under his leadership. EIFL has congratulated Tang on his appointment.

COVID-19: The duty to document does not cease in a crisis, it becomes more essential

This statement about the duty to document was developed by ICA and the International Conference of Information Commissioners, supported by ARMA International, CODATA, Digital Preservation Coalition, Research Data Alliance, UNESCO Memory of the World and World Data System. The statement is built on three principles: Decisions must be documented; Records and data should be secured and preserved in all sectors; and The security, preservation, and access to digital content should be facilitated during the shutdown.

South Centre Research Paper 108: Public Health and Plain Packaging of Tobacco: An Intellectual Property Perspective

[Thamara Romero] Abstract In 2018, a World Trade Organization (WTO) Panel ruled that plain packaging of tobacco products was consistent with Australia’s obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and was in the interest of public health. Plain packaging restricts the use of logos, colours and brand images to reduce the demand for and consumption of tobacco products by diminishing their advertising appeal. This paper discusses the intellectual property aspects triggered by the implementation of plain packaging, examines the best practices for its implementation and provides analysis of Australia’s case from the public health perspective. It also highlights the main arguments used in the dispute against Australia and provides practical guidance for WTO Members on implementing measures to protect public health.

WORLD IP DAY: SAFEGUARD OUR CULTURAL HERITAGE

[Electronic Information for Libraries] On the occasion of World Intellectual Property Day 2020, EIFL worked with leading global cultural heritage organizations in drafting an open letter calling on the World Intellectual Property Organization (WIPO) to take urgent action to help save our cultural heritage. The theme of World IP Day 2020 is ‘Innovate for a Green Future’. This is a welcome goal, but we must not forget the threat to the world's cultural heritage posed by the disastrous effects of climate change, and aggravated by the lack of appropriate copyright legislation supporting the institutions that preserve our common knowledge and heritage.