Day January 27, 2022

A TRIPS-COVID Waiver and Overlapping Commitments to Protect Intellectual Property Rights Under International IP and Investment Agreements

[Henning Grosse Ruse-Khan and Federica Paddeu] This paper considers legal implications that are likely to emerge from the implementation of a TRIPS Waiver decision. Assuming that a Waiver is adopted in the form presented in the May 2021 proposal by South Africa and India et al, we review the interaction between the Waiver and other commitments to protect IP rights under international IP and investment treaties. Our principal research question is to analyze whether domestic measures implementing the Waiver are compatible with the implementing State’s other obligations to protect IP rights established under multilateral IP treaties, IP and Investment Chapters of FTAs as well as BITs.

Protection of Copyright and Accessing Education Materials at Low Prices: Finding a Sustainable Solution for Bangladesh

[Mohammad Towhidul Islam and Moniruz Zaman] Abstract: This research article explains the intricate relationship between the copyright law and education and finds out that ‘the rudimentary hurdle’ posed by copyright as depicted in writings of intellectual property scholars like James Boyle is the cost of learning materials compared to the affordability in developing countries and LDCs. It also tries to strike a balance between copyright protection and access to education materials in an LDC like Bangladesh. While outlining the periphery of copyright protection, this article considers the scenario of the Bangladeshi book shops. It largely suggests that a ‘fairness’ model for the copyright landscape of Bangladesh can promote access to education and learning. Finally, this article concludes by illuminating new strategies for accessing education materials at low prices.