Day February 21, 2023

Canadian Copyright, Fair Dealing and Education, Part One – Setting the Record Straight

[Michael Geist] Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. In doing so, they have relied on a steady diet of misleading claims about the state of the law, the licensing practices of Canadian educational institutions, the importance (or lack thereof) of copying of materials in course packs, and the effects of fair dealing. This week is Fair Dealing Week, which provides an opportunity to set the record straight on Canadian copyright and education, backed by actual data on what takes place on university campuses across the country.

Zero Draft and Small Working Groups: Is This the Way Forward for the WIPO IGC?

[Andrés Izquierdo] The last WIPO-IGC discussions focused on the beneficiaries and the role of nation-states and other entities regarding TK/TCEs. The main results included broadening the definition of beneficiaries, including a proposed Chair’s TK/TCE text to advance progress on the negotiations – the Zero Draft, and the newly created small contact groups. The Session also included additional facilitators’ text proposals, and an ad hoc expert group report.

Cystic Fibrosis: Court Battle Looms Over Life-Saving Drug

[Faith Mutizira] Without treatment, Cystic Fibrosis patients often die in infancy, and their life expectancy is just 20 years in South Africa... A new class of medicines has revolutionised treatment and significantly extended the life expectancy of patients in several high-income countries. However, Vertex Pharmaceuticals, an American company, holds intellectual property (IP) monopolies on all of these drugs – known as CFTR modulators. The extremely high prices they set on elexacaftor/ivacaftor/tezacaftor (Trikafta/Kaftrio) drugs have led to global controversy and huge inequalities of access... Cheri Nel, a South African CF patient, submitted papers to the Gauteng High Court in Johannesburg seeking a compulsory licence – a form of IP flexibility – on Trikafta.