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

What is Left of User Rights? – Algorithmic Copyright Enforcement and Free Speech in the Light of the Article 17 Regime

[Sebastian Felix Schwemer and Jens Schovsbo] Abstract: Article 17 of the Directive on copyright and related rights in the Digital Single Market (the DSM Directive) has strengthened the protection of copyright holders. Moving forward, online content-sharing providers will be responsible for copyright infringement unless the use of works on their platforms is authorized or if they have made ‘best efforts’

Who Holds the Right to Exclude for Machine Work Products?

[Garry Gabison] Abstract: This article investigates whether the inventions and works created by Artificial Intelligence should be patent-able and copyright-able and if so, who should be assigned these rights. This article uses US case law and incentive economics to answer these questions. This article discusses who of the machine, its creators, owners, or operators should be assigned the rights to

Breaking the Impasse – Video from the Wits University Copyright Indaba

On December 2, Wits University hosted a Copyright Indaba where IP experts, academics, authors, creators and other stakeholders debated the issues around the constitutionality of the Copyright Amendment Bill. ReCreate South Africa has posted the following videos of the event.

Implementing the New EU Press Publishers’ Right

[Teresa Nobre] Last week, we launched our Guidelines for the Implementation of the DSM Directive. This is part of a series of blogposts dedicated to the various provisions analysed in our guidelines. Today we give a quick explanation of the new exclusive right granted to EU press publishers by the new Copyright Directive.

Making Sense of South Africa’s New Copyright Bill and US Trade Threats

The Office of the US Trade Representative has announced a review of South Africa’s eligibility for Generalised System of Preferences benefits. The office took the step after it was petitioned by the International Intellectual Property Alliance, a private sector coalition representing large US entertainment companies. At issue is South Africa’s Copyright Amendment Bill, which has been waiting for the South

Patents of Introduction and the Spanish Innovation System

[Patricio Sáiz] Abstract: In this paper we will reflect on the design of the Spanish Innovation System, especially in one of its institutional aspects (the patent system), in order to understand the real role and function of a curious legal process the “patent of introduction”, which in practice promoted and permitted anyone to protect foreign third-person technologies in order to