Category Multilateral Fora

Video: Dr. Sanya Samtani on Research as a Human Right in International Copyright

In this, third video of PIJIP’S video series on the Right to Research in International Copyright Law, Dr. Sanya Samtani of the University of Pretoria discusses how access to knowledge in general and the right to research may be considered human rights in the context of international human rights instruments and the obligations of nation-states. Furthermore, she asserts that the state has a duty to respect research rights by making sure there are no unjustifiable limits on access, protecting research rights from third-party violations.

Video: PROF. SEAN FLYNN GIVES A CONCEPTUAL OVERVIEW OF RESEARCH AS A HUMAN RIGHT IN INTERNATIONAL COPYRIGHT

Interested in learning more about research as a human right? In this informative video, Professor Flynn gives a conceptual overview of research as a human right in international copyright.  Further, he sheds light on the human rights aspect of the right to research and how it differs from a type of exception to copyright.  He continues to flush out how human rights duties are imposed by the state to act or refrain from acting in certain ways. He uses censorship as an example of a state affirmative action that reduces people's access to their right to research.

Zero Draft and Small Working Groups: Is This the Way Forward for the WIPO IGC?

[Andrés Izquierdo] The last WIPO-IGC discussions focused on the beneficiaries and the role of nation-states and other entities regarding TK/TCEs. The main results included broadening the definition of beneficiaries, including a proposed Chair’s TK/TCE text to advance progress on the negotiations – the Zero Draft, and the newly created small contact groups. The Session also included additional facilitators’ text proposals, and an ad hoc expert group report.

WHO Proposed Instrument on Pandemics: the Conceptual Zero Draft Needs Substantial Improvement to Address Global Public Health Needs

[South Centre] We welcome the discussions in the WHO on a new instrument on pandemic prevention, preparedness, response and recovery. While we appreciate the preparation and sharing with WHO members of the Conceptual Zero Draft (hereinafter ‘the Draft’), we note that more work is needed to address the insufficiency of the tools at the disposal of the WHO that became evident with the COVID-19 pandemic.

The WTO TRIPS Decision on COVID-19 Vaccines: What is Needed to Implement it?

[Carlos M. Correa and Nirmalya Syam] The 12th WTO Ministerial Conference adopted a Ministerial Decision on the TRIPS Agreement on 17 June 2022. This partially concluded almost two years of protracted discussions in response to a proposal by India and South Africa for a waiver from certain obligations under the TRIPS Agreement for health products and technologies for the prevention, treatment and containment of COVID-19. The adopted Decision only waives the obligation under article 31 (f) of the TRIPS Agreement. Developing country WTO members are now allowed to export any proportion of vaccines, including ingredients and processes, necessary for the COVID-19 pandemic that are manufactured under a compulsory license or government use authorization to other developing countries. It also contains some clarifications of relevant TRIPS provisions, while introducing a number of conditionalities that are not present in the TRIPS Agreement. This paper examines the object and scope of the Decision, the requirements established for its use, and the required actions to be taken by WTO members to implement it.

Harnessing the Multilateral Patent and Plant Variety Protection Regimes to Advance Food Security: Implications of the EU-ECOWAS Economic Partnership Agreement

[Uchenna Felicia Ugwu] This thesis analyzes the provisions of contemporary intellectual property (IP) and trade agreements to explore whether these provisions advance, or compromise, food security in West Africa. The agreements have been examined for how their provisions integrate IP and food security norms and policies, and the extent to which the IP frameworks are adaptable to the regional conditions that determine food security in the West African context.

A Breakthrough in Negotiations on Intellectual Property, Protection of Genetic Resources and Traditional Knowledge in WIPO?

[Viviana Muñoz Tellez] This Policy Brief provides a brief summary of the current negotiations in the World Intellectual Property Organization (WIPO) for an international legal instrument or instruments relating to intellectual property to ensure the balanced and effective protection of genetic resources (GRs), associated traditional knowledge (TK) and traditional cultural expressions (TCEs). The General Assembly in June 2022 took a significant decision to schedule a Diplomatic Conference in 2024 to conclude a treaty on the protection of GRs and associated TK. However broader protection for TK and TCEs is not part of the decision.

Global Civil Society Coalition Promotes Access to Knowledge

[Communia Association] Today, the A2K Coalition is launching its website with demands for education, research and cultural heritage... The members of the A2K Coalition represent educators, researchers, students, libraries, archives, museums, other knowledge users and creative communities around the globe. Our individual missions are varied but we all share a vision of a fair and balanced copyright system. Click here for more.

Lessons From India’s Implementation of Doha Declaration on TRIPS and Public Health

[Nanditta Batra] Abstract: ... Notwithstanding the effect of patents on access to medicines, Article 27 of the TRIPS Agreement ordained patents for inventions “in all fields of technology”. While the genie was out of the bottle in the form of patents for pharmaceuticals, the developing countries were able to extract some procedural and substantive flexibilities like transition period, parallel importation and compulsory licensing to leverage the IP system to further public health. However, there was uncertainty with respect to the interpretation of TRIPS agreement, scope of the flexibilities and Member States’ rights to use them.

Reforming Copyright or Toward Another Science? A More Human Rights-Oriented Approach Under the REBSPA in Constructing a “Right to Research” for Scholarly Publishing

[Klaus Beiter] Abstract: This article identifies copyright impediments existing in the sphere of science, to then make (tentative) suggestions as to how these may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, specifically asking whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. A substantial part of the discussion examines whether and, if so, in what ways, the REBSPA gives rise to a “right to research,” also in an extraterritorial sense that would require the right to be respected beyond borders, and what the normative implications of such a right would be for copyright and science.