WEBINAR: The Impact of a TRIPS COVID Waiver on Trade and Investment Agreements
[February 4, 2022 | 10am EST | 3pm GMT] Our first public (online) event of the semester will feature a presentation of a new South Centre report by Federica Paddeu and Henning Grosse Ruse-Khan, which considers legal implications that are likely to emerge from the implementation of a TRIPS Waiver decision. The paper reviews the interaction between the Waiver and other commitments to protect IP rights under international IP and investment treaties. The principal research question is whether domestic measures implementing the Waiver are compatible with implementing States’ other obligations to protect IP rights established under multilateral IP treaties, IP and Investment Chapters of FTAs as well as BITs. The presentation will be followed by a roundtable discussion with Daniel Uribe, Rochelle Dreyfuss, Holger Hestermeyer, Peter K. Yu and Nirmalya Syam. Click here for more.
See also: Federica Paddeu and Henning Grosse Ruse-Khan, South Centre Research Paper 144. A TRIPS-COVID Waiver and Overlapping Commitments to Protect Intellectual Property Rights Under International IP and Investment Agreements.Link.
Submission to South Africa on Copyright Amendment Bill, re: Proposed Removal of “Research” as Specifically Listed Purpose Allowed Under Fair Use
[Sean Flynn] We write on behalf of the Project on the Right to Research in International Copyright, which is an activity of the Global Expert Network on Copyright User Rights. We write to advise that Parliament not eliminate “research” from among the specifically enumerated purposes for which the fair use exception in Section 12A may be applied, and to add a reference to “computational analysis” as a permitted purpose. Click here for more.
Utilising Public Health Flexibilities in teh Era of COVID-19: An Analysis of Intellectual Property Regulation in the OAPI and MENA Regions of Africa
[Yousuf A. Vawda and Bonginkosi Shozi] Abstract: The paper explores the unique approaches to IP protection in the countries belonging to the Organisation Africaine de la Propriété Intellectuelle/African Intellectual Property Organization (OAPI) and the Middle East and North Africa (MENA) regions; the limited extent to which legal and policy frameworks with regard to TRIPS flexibilities have been adopted and implemented in pursuit of access to medicines in those countries; and makes recommendations in order to optimise the use of the flexibilities in advancing public health objectives. In the context of the COVID-19 pandemic, the impact of IP rights on access, and some approaches to countering the challenges to access are also discussed. Click here for more.
European Copyright Society Comment on Copyright and the Digital Services Act Proposal
[Alexander Peukert, Martin Husovec, Martin Kretschmer, Péter Mezei and João Quintais] Copyright law accounts for most content removals from online platforms and search engine result lists, by an order of magnitude. This practice will become subject to numerous due diligence obligations under the proposed Regulation on a Single Market For Digital Services (Digital Services Act, DSA), which also covers copyright infringing content. In this Comment, the European Copyright Society (ECS) takes the opportunity to share its view on (1) the relationship between the EU copyright acquis and the DSA and (2) on further selected aspects of the DSA from a copyright perspective. Click here for more.
The West Already Monopolized Scientific Publishing. Covid Made It Worse.
[Samanth Subramanian] For nearly a decade, Jorge Contreras has been railing against the broken system of scientific publishing. Academic journals are dominated by the Western scientists, who not only fill their pages but also work for institutions that can afford the hefty subscription fees to these journals. “These issues have been brewing for decades,” said Contreras, a professor at the University of Utah’s College of Law who specializes in intellectual property in the sciences. “The covid crisis has certainly exacerbated things, though.” Click here for the full story on QZ.com.
The AI-Copyright Challenge: Tech-Neutrality, Authorship, and the Public Interest
[Carys Craig] Abstract: Many of copyright’s core concepts—from authorship and ownership to infringement and fair use—are being challenged by the rapid rise of generative AI. Whether in service of creativity or capital, however, copyright law is perfectly capable of absorbing this latest innovation. More interesting than the doctrinal debates that AI provokes, then, is the opportunity it presents to revisit the purposes of the copyright system in the age of AI. Click here for more.
Removing intellectual-property barriers from COVID-19 vaccines and treatments for people in South Africa
[Medecins Sans Frontieres and People’s Health Movement South Africa] Intellectual property (IP) barriers can undermine access to medicines. The COVID-19 pandemic provides a stark example, with limited access to COVID-19 medical tools like vaccines and treatments in South Africa due in part to IP barriers. This briefing paper highlights the present and emerging IP barriers for COVID-19 vaccines and treatments, and provides an analysis of policy and legal changes that are required to address them in the South African context and beyond. Click here for the full technical brief on msfaccess.org.
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. Click here for more.
