Day May 12, 2020

Availability of research articles for the public during pandemic – a case study

[Augustine Joshua Devasahayam] Abstract: The coronavirus 2019 (COVID-19) disease has affected millions of lives, forcing most of us to stay at home and work. However, there is an immediate need to conduct research on potential drugs against COVID-19. In this article, the extent to which major publishers have provided access for the public to read research articles relevant to potential drug candidates for the COVID-19 disease are presented.

Gilead Remdesivir Licenses: Half measures are not nearly good enough

The deadly public policy of letting Big Pharma companies like Gilead control access to COVID-19 therapies is clearer now than ever before. While promising “global access” out of one side of its mouth, Gilead has shown its true intentions with new, confidential bilateral licenses negotiated with five generic companies in India and Pakistan. These licenses only cover approximately 52% of the global population leaving the other 48% of the whim of Gilead’s monopoly-based predations. These licenses exclude people living in at least 73 countries and territories, including, outrageously, 30 low- and middle-income countries. Gilead wants to exercise total monopoly control over manufacture and sale in those 73 countries, giving it unfettered freedom to charge prices far in excess of the estimated $5-$10 per treatment that it costs to manufacture remdesivir.

How did fair use get into the Korean Copyright Act?

As I explained in my previous blog post, the open-ended fair use clause in the Korean Copyright Act (“KCA”) was introduced in 2011 in the course of implementing the Korea-US FTA (“KORUS”). Yet, this does not mean that KORUS mandates legislation of fair use. Instead, KORUS restricts the scope of fair use. Footnote 11 of KORUS §18.4:1 mentions fair use, but it’s purpose is to make clear that any limitation or exception to the reproduction right to temporary storage is restricted to the controversial three-step test, and even when Korea or the US introduces or maintains fair use, the three-step test prevails... Therefore, it is fair to say that the fair use clause of KORUS is a sort of by-product produced in a way that Korean government blinds dark sides of the overly expansive KORUS protection of copyright in temporary storage.