infoJustice

Implementing User Rights for Research in the Field of Artificial Intelligence: A Call for International Action

[Sean Flynn, Christophe Geiger, João Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault and Michael W. Carroll.] Abstract: Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a focus on the application of copyright to the use of text and data mining (TDM) technology. This article describes some of the most salient points of our submission and concludes by stressing the need for international leadership on this important topic. WIPO could help fill the current gap on international leadership, including by providing guidance on the diverse mechanisms that countries may use to authorize TDM research and serving as a forum for the adoption of rules permitting cross-border TDM projects.

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.

TRIPS Flexibilities on Patent Enforcement: Lessons from Some Developed Countries Relating to Pharmaceutical Patent Protection

[Joshua Sarnoff] Authority for national judiciaries to issue permanent and preliminary injunctions is required by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Articles 44 and 50. But the TRIPS Agreement does not require the issuance of injunctions in any particular circumstances, and does not harmonize the laws on which national jurisdictions derive their injunctive relief authorities. Thus, countries remain free to refuse prohibitory injunctive relief for adjudicated or likely patent infringement, particularly if “reasonable compensation” is offered in the form of an “ongoing royalty” or an “interim royalty” payment, which acts similarly to a compulsory license.

Civil Society ORganizations call for strong support for TRIPS waiver to combat COVID-19

[Kanaga Raja] Nearly 380 civil society organizations have urged Members of the World Trade Organization to strongly support the adoption of a draft decision proposed by India and South Africa for a waiver from certain provisions of the TRIPS Agreement to combat the worsening COVID-19 pandemic. India and South Africa have submitted a proposal (IP/C/W/669) to the WTO TRIPS Council on a “Waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19”.