Analysis at the intersection of intellectual
property law and the public interest.
[Jeremy De Beer, Jeremiah Baarbé, and Caroline Ncube] Abstract: Intellectual property (IP) policy is an important contributor to economic growth and human development. However, international commitments harmonised in IP treaties often exist in tension with local needs for flexibility. This article tracks the adoption of IP treaties in Africa over a 131-year span, from 1884 to 2015, through breaking it
This is the second in a series of blogs comparing copyright and technology provisions in eight trade agreements: TPP, CPTPP, USMCA, CETA, RCEP, EU-Mercosur FTA, EU-Japan FTA and the China-Korea FTA. The previous post discussed provisions calling for copyright ‘balance’ and addressing the circumvention of technological protection measures. This one looks at the provisions requiring secondary liability for internet service
The revised North American Free trade Agreement (NAFTA 2.0), rebranded by the Trump Administration as the U.S.-Mexico-Canada Agreement or USMCA, was signed last Friday during the G20 summit in Argentina. NAFTA 2.0 is an updated version of the nearly 25-year-old NAFTA, with significant and harmful changes to the intellectual property (IP) provisions, which build on the harmful TRIPS-plus standards in
It was a day of copyright drama in the South African Parliament on the anniversary of Nelson Mandela’s passing. The National Assembly was considering the Copyright Amendment Bill in the full chamber. ...When the votes were taken, parties representing an overwhelming majority of the MPs had endorsed the bill, but it came up 12 votes short of what was needed
[Jonathan Band] A recent article by Pulitzer Prize winning art critic Jerry Saltz demonstrates the gap between the artistic process and the rhetoric of copyright policy. In “How to be an Artist,” Saltz provides 33 lessons “to take you from clueless amateur to generational talent.” The lessons underscore the importance of imitation and non-financial incentives to a fulfilling creative life.
[Nikola Wachter] ... Restrictive copyright regimes and, in fact, the lack of an international copyright instrument that addresses cross-border online collaboration and exchange does not empower teachers, ESP and researchers but creates barriers for them in their daily work. For all these reasons EI endorsed TERA, a draft treaty on copyright exceptions and limitations for educational and research activities.