Category Multilateral Fora

PIJIP Statement at the 42nd Session of the WIPO Standing Committee on Copyright and Related Rights

The Program on Information Justice and Intellectual Property provides the following comments and information related to the agenda items being considered at the 42nd session of the WIPO Standing Committee on Copyright and Related Rights. The comment includes sections on 1. our new study on research exceptions in comparative copyright, 2. limitations and exceptions in the broadcast treaty, and 3. the African Proposal for a Work Plan on limitations and exceptions.

COVID-19 Impacts on Cultural Industries and Education and Research Institutions: Key Questions from the WIPO Report

[Steven Wyber] Tomorrow, the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights (SCCR) will hold an information session on the impact of COVID-19 on the cultural and creative industries, on the one hand, and on education and research on the other... To support this, WIPO has published a commissioned study, based both on a series of responses to a call for evidence, and interviews with experts in different countries. The terms of reference for the study have not been shared, but it looks both to tackle the broader question of experiences (as mandated by the last meeting), and to cite case studies of initiatives taken (which goes beyond the mandate). Ahead of this session – which will be available on WIPO’s webcasting service – this blog looks at some of the questions and issues raised by the report (intentionally or otherwise), and which the meeting tomorrow can hopefully address.

Getting Ready for WIPO

[Teresa Hackett] The 42nd session of WIPO's Standing Committee on Copyright and Related Rights (SCCR), the global forum that sets international copyright law and policy, takes place in Geneva from 9 - 13 May 2022. It is the first full meeting since the start of the pandemic... Three topics of high importance to libraries will be discussed during the week: the impact of the COVID-19 pandemic on libraries and education, a draft treaty for the protection of broadcast organizations, and an exciting new proposal for a work programme at SCCR on limitations and exceptions (L&Es) for libraries and archives, education and research.

Lessons From the Pandemic for LDCs: Implementing Intellectual Property Flexibilities

[Sangeeta Shashikant] The global crisis of COVID-19 has underscored the vital importance of utilizing, to the fullest extent, policy space in the area of intellectual property. Since the onset of the pandemic, many countries around the world have had to confront various challenges of access including to tools protected by intellectual property (IP). These include copyrighted materials as learning shifted to online platforms, and affordable health products and technologies to prevent and treat the infection. The pandemic has also accentuated the significance of local production as limited supplies of critical commodities are rapidly snapped up by developed countries. Since March 2020, the least developed countries (LDCs) have perhaps struggled the most with limited financial resources, facilities and technological capacity to contain the pandemic and deal with its socioeconomic impacts.

Statement on the Leaked Covid-19 TRIPS Waiver Proposal

[Sean Flynn] The proposal to reach an agreement on a TRIPS waiver is a bit of a misnomer since it largely affirms and adds new requirements to TRIPS rather than waive its provisions. The proposal fails to accept the requests of researchers and access to knowledge organizations that the waiver extend to all intellectual property for vaccines, treatments and devices needed to combat COVID.

African Group Proposal to WIPO on Copyright Exceptions and Limitations

Last week, the Africa Group has submitted a proposal for a Draft Work Program on Exceptions and Limitations to WIPO's Standing Committee on Copyright and RElated Rights (SCCR). It was submitted in for discussion at the upcoming SCCR meeting in May. The proposal asks SCCR to "continue to work towards an appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms) on limitations and exceptions for libraries, archives, museums, education, research, and uses for persons with other disabilities."

Direct Monetary Costs of Intellectual Property for Developing Countries. A Changing Balance for TRIPS?

[South Centre] It is startling that almost no discussion exists on the direct monetary costs for countries of the IP international regulatory framework. Indeed, on top of the inherent costs on ´access´ or ´learning´ abilities, there are some important tangible, measurable, direct monetary costs to countries. These costs are the financial payments that occur simply for the use of intellectual property. These payments are relevant in any discussion on the role of IP in the context of development. An overview of some findings is presented in this report, with the aim of promoting an assessment and discussion at the WTO and other fora whenever there is a consideration of the impacts of the IP international regulatory framework, notably the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) in individual countries.

Can Negotiations at the World Health Organization Lead to a Just Framework for the Prevention, Preparedness and Response to Pandemics as Global Public Goods?

[Viviana Muñoz Tellez] This paper advances that WHO Member States, having agreed to the objectives of advancing equity and solidarity for future pandemic prevention, preparedness and response, now must operationalize these. The paper offers suggestions for the ongoing WHO processes of: 1) review of recommendations under examination by the Working Group on Strengthening WHO Preparedness and Response to Health Emergencies, 2) consideration of potential amendments to the International Health Regulations (IHR) 2005, and 3) elaboration of a draft text for an international instrument on pandemic preparedness and response.

Access To Medicines and Pharmaceutical Patents: Fulfilling The Promise of TRIPS Article 31bis

[Ezinne Miriam Igbokwe and Andrea Tosato] Abstract: ... The most contentious [TRIPS] issue has long been the impact of the TRIPS patents regime on access to medicines. Our Article contributes to this debate by illuminating an oft-overlooked facet of TRIPS: Article 31bis. Enacted following the Doha Declaration of 2001, this provision was designed to enable Members with inadequate manufacturing capabilities to import patented pharmaceuticals produced by generics manufacturers under an export compulsory license (ECL) issued by another Member. Initially welcomed with enthusiasm, ECLs have enjoyed minimal success. We propose an explanation for the current fallow state of Article 31bis and suggest approaches to fulfill its promise.

MARRAKESH TREATY: GETTING THE DETAILS RIGHT

[Electronic Information for Libraries] By the end of 2021, over 100 countries had joined the Marrakesh Treaty for persons with print disabilities, confirming its place as WIPO’s most successful treaty of recent times. In most countries, the next step in the legal process is for the treaty’s provisions to be implemented into national law (known as domestication), typically by introducing new exceptions in the copyright law, or by amending existing exceptions to ensure that they are Marrakesh-compliant. While national implementation can take time, it is a vital part of the legal process. Once completed, beneficiaries such as blind people can start to make practical use of the treaty, and libraries can step up their services to deliver materials into the hands of print-disabled readers.