Category Multilateral Fora

Statement to WIPO CONVERSATION on IP and Artificial Intelligence – Current Litigation on AI and Machine Learning

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.

Statement of Sean Flynn, Principal Investigator, Global Expert Network on Copyright User Rights, at the Second Session of the WIPO Conversation on IP and AI

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.

QUT Forum on Access to Essential Medicines — 15 February 2017

This forum was hosted by the QUT Intellectual Property and Innovation Law Research Program and the Australian Centre for Health Law Research in the QUT Faculty of Law to coincide with the visit of the Hon. Michael Kirby to the QUT Faculty of Law. It assessed and evaluated the recommendations of the United Nations Secretary-General’s High Level Panel on Access to Medicines. Access to medicines is a critical issue in respect of infectious diseases, such as HIV/AIDS, malaria, tuberculosis, the SARS virus, Ebola, and the Zika virus. There have been a number of obstacles and barriers in respect of access to medicines — including the high prices caused by monopolies, and the absence of appropriate treatments for neglected diseases.

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.