Category News

Science Held Hostage: How Pharma Is Using mRNA Vaccine Contracts With Government to Delay Future Innovation

[Emily Bass] Clinical trials that are crucial to future pandemic prevention and current responses to SARS CoV-2 are being delayed by pharmaceutical companies. These companies are able to use government contracts specifying when, where and how current vaccines owned by goverments can be used to delay and defer access to these vaccines for research. Current SARS CoV-2 vaccines are a vital part of research for next-generation products such as nasal vaccines and pan-coronavirus vaccines. Nextgeneration candidates need to be tested in animals who have been vaccinated with presently available vaccines to evaluated safety and effectiveness in the context of prior immunization. However, for over two years, the terms of government contracts with industry have had the inadvertent effect of delaying sometimes effectively blocking access to these products for research purposes. Over the course of a six-month research effort, PrEP4All spoke with US government agencies, research groups, private philanthropy and industry to better understand the causes and consequences of this challenge.

Nigeria’s New Copyright Act 2022: How Libraries Can Benefit 

[Desmond Oriakhogba] In October 2021, I wrote about the Nigerian copyright law reform process... The reform process is now complete with the recent assent to the Bill, as the Copyright Act 2022, by the Nigerian President. The Act introduces a new vista in Nigerian copyright law as it repeals the Copyright Act 2004. How can libraries in Nigeria benefit from the Copyright Act 2022?

How Can You Save a Dying Language When Copyright Lets Somebody Own Its Key Learning Materials?

[Glyn Moody] One of deep-seated problems with copyright is that its supporters believe everything created should be “owned” by someone and protected from being “stolen” by others. Walled Culture has already written about how that’s a bad fit for writing music, and the NBC News site has a fascinating story about how the same issue is plaguing a very different world – that of indigenous languages (pointed out by D. J. Mary on Twitter). It concerns the Lakota language, one of many native American languages that are at risk of extinction because so few people speak them fluently. In recent years, there have been increasing efforts to create language resources from the surviving speakers, to prevent the language and its culture being lost, and to produce learning materials.

Pfizer and The Medicines Patent Pool (MPP) Sign Licensing Agreement for COVID-19 Oral Antiviral Treatment Candidate to Expand Access in Low- and Middle-Income Countries

[MPP Press Release] Pfizer and the Medicines Patent Pool (MPP), a United Nations-backed public health organization working to increase access to life-saving medicines for low- and middle-income countries, today announced the signing of a voluntary license agreement for Pfizer’s COVID-19 oral antiviral treatment candidate PF-07321332, which is administered in combination with low dose ritonavir (PF-07321332; ritonavir). The agreement will enable MPP to facilitate additional production and distribution of the investigational antiviral, pending regulatory authorization or approval, by granting sub-licenses to qualified generic medicine manufacturers, with the goal of facilitating greater access to the global population.

Medicines Patent Pool signs first Covid-19 licence agreement with Merck Sharp & Dohme: Others must follow

[Medicines Law & Policy] The Medicines Patent Pool, a UN-backed organisation whose mission is to expand access to essential medicines around the world, today announced its first agreement on a Covid-19 therapy. The deal comes in the form of a licence and technology transfer agreement with Merck Sharp & Dohme (MSD) on molnupiravir, an investigational therapy for Covid-19 patients. The Medicines Patent Pool expanded its mandate to include Covid-19 technologies in March 2020.

Case to #EndTheBookFamine to be heard 21 Sept 2021

[Section 27] BlindSA, represented by SECTION27, is going to court to fight for the rights of people who are blind or visually impaired by asking the court to amend the apartheid era Copyright Act for greater access to reading materials in accessible formats. The case will be heard in a virtual sitting of the High Court of South Africa (Gauteng Division) on 21 September 2021.

Hundreds of Prominent US Civil Society Organizations Call on Pres. Biden to Stop Blocking COVID-19 WTO Waiver to Boost Vaccines, Treatments Worldwide

[Public Citizen] Today, U.S. consumer, faith, health, labor, human rights, development and other civil society groups urged the White House to support an emergency COVID-19 waiver of World Trade Organization (WTO) intellectual property rules, so that greater supplies of vaccines, treatments, and diagnostic tests can be produced in as many places as possible as quickly as possible. The pandemic cannot be stopped anywhere unless vaccines, tests, and treatments are available everywhere, so variants that evade current vaccines do not develop. At a press conference joined by Reps. Rosa DeLauro, (D-Conn.), Earl Blumenauer (D-Ore.) and Jan Schakowsky (D-Ill.), U.S. civil society leaders released a letter signed by hundreds of prominent U.S. organizations calling on the Biden administration to join more than 100 nations in support of the waiver. The Trump administration led a handful of countries opposed to the waiver at the WTO. At two recent WTO committee meetings, the new administration has not reversed the Trump era obstruction of the waiver.

UNAIDS supports a temporary WTO waiver from certain obligations of the TRIPS Agreement in relation to the prevention, containment and treatment of COVID-19

[UNAIDS Press Statement] Today, the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council meets to consider a proposal presented by the Governments of South Africa and India for a temporary waiver of certain TRIPS obligations in order to facilitate an appropriate response to COVID-19. The aim is to create certainty and clarity, guaranteeing freedom to operate, innovate, procure and scale up manufacturing capacities in essential health technologies at the required scale. The waiver would reduce transaction costs and eliminate key barriers across the research and development cycle and the supply chain for the access and delivery of health technologies to prevent, diagnose and treat COVID-19.

Education Groups Drop Their Lawsuit Against Public.Resource.Org, Give Up Their Quest to Paywall the Law

[Mitch Stoltz] This week, open and equitable access to the law got a bit closer. For many years, EFF, along with co-counsel at Fenwick & West and attorney David Halperin, has defended Public.Resource.Org in its quest to improve public access to the law — including standards, like the National Electrical Code, that legislators and agencies have made into binding regulations. In two companion lawsuits, six standards development organizations sued Public Resource in 2013 for posting standards online. They accused Public Resource of copyright infringement and demanded the right to keep the law behind paywalls.

Justices Display Concern About Monopolization and Disruption in Google v. Oracle Argument

In yesterday’s oral argument in Google v. Oracle, several Justices expressed serious concerns that an Oracle victory could lead to legal monopolies over de facto standards and serious disruption of settled expectations in the software industry... Significantly, all the Justices understood that the case concerned only the lawfulness of Google’s use of the declarations in the Java application programming interface (“API”), as opposed to the copyrightability of computer programs more generally.