Day July 18, 2022

TRIPS Waiver and its (Jabby) Journey: Side by Side Comparison of the (Waiver?) Drafts from 2020 – 2022

[Lokesh Vyas] This is a short descriptive post highlighting the vitriolic waiving of TRIPS Waiver - which began with a proposal (by India & South Africa) waiving all the Intellectual Properties (IP) limitedly but ended up with a (pre-decided?) decision giving some leeway on compulsory licensing of patents (that’s it!). In sum, the journey is Intellectual Property Waiver to Compulsory Licensing Leeway.

Conceptualizing a ‘Right to Research’ and Its Implications for Copyright Law: An International and European Perspective

[Christophe Geiger and Bernd Justin Jütte] Copyright, at international, European and national levels, does not provide a legal framework that prioritizes enabling and incentivizing research using protected works and information to the extent necessary and desirable in a digital, data-driven society in order to build a sustainable ecosystem for innovation and creativity. While small progress has been made, for example with the recent introduction of specific exceptions for research purposes and for text and data mining in certain national legislations as well as in the European Union law, a horizontal approach towards a more research-friendly copyright ecosystem has so far failed to evolve. By revisiting international and European human and fundamental rights instruments as well as the aims and objectives of the European Union, it is possible to distill research as a constitutional and ethical imperative. Conceptualizing a fundamental ‘Right to Research’ and integrating it into a constitutional dialogue provides a convincing argument to rethink copyright towards a research-oriented normative system.

A Pandemic Treaty for Equitable Global Access to Medical Countermeasures: Seven Recommendations for Sharing Intellectual Property, Know-How and Technology 

[Katrina Perehudoff, Ellen 't Hoen, Kaitlin Mara, Thirukumaran Balasubramaniam, Frederick Abbott, Brook Baker, Pascale Boulet, Mohga Kamal-Yanni, Manuel Martin, Viviana Munoz Tellez, Yannis Natsis, Vicente Ortún-Rubio, Sandeep Rathod, Maties Torrent, Yousuf Vawda, Luis Villarroel, James Love] ... We recommend that a pandemic treaty ensures sufficient financing for biomedical research and development (R&D), creates conditions for licensing government-funded R&D, mandates technology transfer, shares intellectual property, data and knowledge needed for the production and supply of products, and streamlines regulatory standards and procedures to market medical countermeasures. We also recommend that a pandemic treaty ensures greater transparency and inclusive governance of these systems. The aim of these components in a pandemic treaty should be to craft a better collective response to global health threats, consistent with existing international law, political commitments and sound public health practice.