Day April 26, 2021

Ensuring Text and Data Mining: Remaining Issues With the EU Copyright Exceptions and Possible Ways Out

[Rossana Ducato and Alain Strowel] Abstract... The importance of TDM has been understood by the European legislator, which has introduced two specifically tailored exceptions in the Copyright in the Digital Single Market Directive. After a critical analysis of the new provisions, the paper argues that they still present several flaws that risk to stifle AI developments in Europe. Thus, the contribution outlines an interpretative framework, based on the analysis of the infringement test, to rethink the rights of reproduction and extraction in line with the economic rationale of copyright and the database right.

INTELLECTUAL PROPERTY PLEDGES FOR COVID-19: A SCORECARD

[Jorge Contreras] Broad public concern over the availability of equipment, diagnostics and therapies needed to address COVID-19 has led numerous companies and institutions to pledge their intellectual property (IP) to this cause on a compensation-free basis (some background on IP pledging can be found here and here). The following table and discussion, adapted from a longer paper forthcoming in the Utah Law Review, summarizes the more prominent of these in roughly chronological order.

World trade organization’s export-oriented compulsory licensing mechanism: Foreseen policy concern for Africa to mitigate the COVID-19 pandemic

[Muhammad Z Abbas] Abstract: Africa has a history of grappling with outbreaks and high prevalence of disease. It currently confronts COVID-19 which is escalating because of local community transmission of the disease. Poorly resourced health systems in Africa are ill-prepared for the surging number of COVID-19 cases. This paper emphasizes that in the current battle against COVID-19, policymakers should not lose sight of future policy challenges.

Making International] Intellectual Property and Trade Regimes Work to Address the Health Response to COVID-19

[Brook Baker] The world was unprepared for COVID-19 despite other recent coronavirus outbreaks and despite multiple warnings from the World Health Organization (WHO) and others. Although there was an initial sharing of research among scientists and an unleashing of significant public, charitable, and private funding to develop, test, and expand manufacturing capacity of new COVID-19-related medicines, vaccines, and diagnostics, the status quo of exclusive rights ownership and commercial control by the multinational biopharmaceutical industry continues unabated. Existing intellectual property rules that allow private entities to maintain monopoly rights over the development, clinical testing, regulatory approval, pricing, supply, and distribution of essential medical products have not been altered.