Advocating for a world where intellectual
property law serves the public interest.

Taming the upload filters: Pre-flagging vs. match and flag

[Paul Keller] One of the most important elements of any implementation of Article 17 will be how platforms can reconcile the use of automated content filtering with the requirement not to prevent the availability of legitimate uploads. While most implementation proposals that we have seen so far are silent on this crucial question, both the German discussion proposal and the

Chilean Congress Supports INDIA and South Africa request at TRIPS COUNCIL

Today the Camara de Diputados ( House of Representatives) of Chile approved a resolution asking the Chilean government to support at the TRIPS council the moratoria of the trips obligations regard to vaccines and therapies for Covid in the terms proposed by India and South Africa. The resolution also request further support on the implementation of C - TAP.

Letter to President Ramaphosa on the Proposed Covid-19 Waiver, by 43 South Africa and India at the WTO, From South Africa-Affiliated Academics, Researchers and Teachers

South Africa, along with India, has adopted a ground-breaking position at the World Trade Organisation (WTO) with the tabling of the proposal for a “Waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19”. The proposal will be on the agenda of the WTO TRIPS Council on 15-16 October 2020. As a group of

South Africa and India’s Proposal to Waive Recognition and Enforcement of Intellectual Property Rights for COVID-19 Medical Technologies Deserves Universal Support, But Countries Also Have to Take Domestic Measures

On October 2, India and South Africa petitioned the World Trade Organization (WTO) to allow all WTO members to bypass granting or enforcement of patents, trade secrets, industrial designs, and copyrights on COVID-19-related drugs, vaccines, diagnostics and other medical technologies for the duration of the pandemic – until global ‘herd immunity’ is achieved. The proposed “Waiver from certain provisions of

Implementation update: French Parliament gives carte blanche, while the Netherlands correct course

[Communia Association] Back in January of this year, we noted how both the Netherlands and France (at that point the only Member States that had presented proposals to implement Article 17) had proposed selective implementations of Article 17 that ignored crucial user rights safeguards. A lot has happened since January, but yesterday both Member States took further steps in their

Justices Display Concern About Monopolization and Disruption in Google v. Oracle Argument

In yesterday’s oral argument in Google v. Oracle, several Justices expressed serious concerns that an Oracle victory could lead to legal monopolies over de facto standards and serious disruption of settled expectations in the software industry... Significantly, all the Justices understood that the case concerned only the lawfulness of Google’s use of the declarations in the Java application programming interface