Day May 6, 2019

The Limits of International Copyright Exceptions for Developing Countries

[Ruth Okediji] Abstract: Development indicators in many developing and least-developed countries reflect poorly in precisely the areas that are most closely associated with copyright law’s objectives, such as promoting democratic governance, facilitating a robust marketplace of ideas, fostering domestic markets in cultural goods, and improving access to knowledge. Moreover, evidence suggests that copyright law has not been critical to the business models of the creative sectors in leading emerging markets. These outcomes indicate that the current configuration of limitations and exceptions (L&Es) in international copyright law has not advanced the human welfare goals that animate its leading justifications in developing countries.

May 20: Webinar on the USMCA (NAFTA 2.0) and Access to Medicines

How will the recently-concluded United States-Mexico-Canada Agreement (USMCA) impact access to affordable medicines? The USMCA – the renegotiated North American Free Trade Agreement (also commonly referred to as NAFTA 2.0) – incorporates many of the harmful provisions from the Trans Pacific Partnership (TPP), including patent provisions that were suspended by the remaining Parties following the withdrawal of the US. It goes even further than the TPP in extending the exclusivities for biologics to ten years, an unprecedented TRIPS-plus measure. Beyond the intellectual property chapter, multiple other chapters and provisions of the USMCA also have implications for access to affordable, safe and effective medicines.