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

The Incentive Argument in Pharmaceutical Patent Law

[Aaron Poynton] Abstract: This working paper critically examines the pharmaceutical industry and the incentive argument in patent law. It begins by framing an overview of the industry and patent law, focusing on U.S. and U.K. law, and multilateral agreements, and efforts by international organizations, such as the World Trade Organization (WTO). Next, the paper considers patent incentive arguments on both

Taking IP ‘Rights’ too Seriously – A Look through History 

[Lokesh Vyas] ... while the ‘property’ image of IP has become a part of our legal consciousness, the nature of user interests is unclear. Some courts and academics describe them as (Human/Fundamental) ‘rights’ (e.g. see 2021’s draft on Permitted Uses and its notes), at the international level they are called/negotiated/lobbied as limitations or/and exceptions (L&Es) (e.g. here), some call them

WIPO Decides to Hold Two Diplomatic Conferences no later than 2024

[Wend Wendland] On July 21, 2022, the General Assembly of the World Intellectual Property Organization (WIPO) decided that, by 2024, two diplomatic conferences should take place, one on a proposed new Design Law Treaty, and the other on genetic resources and associated traditional knowledge (TK). Diplomatic conferences are held to negotiate and adopt or revise multilateral treaties and conventions. This

The Right to Research in Africa: Making African Copyright Whole

[Desmond Oriakhogba] Abstract: The imbalance existing within the African copyright ecosystem in relation to access to information for research and education became more prominent during the COVID-19 pandemic. As teaching, learning and research inevitably occur on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing largely to the protection of these resources under copyright

An Overview of Copyright Restrictions to Legal TDM Research

[Mike Palmedo] PIJIP has been reviewing copyright laws around the world. Our detailed review is available as a PIJIP working paper in which we classify countries "based on the degree to which they have a research exception in their law that is sufficiently open to be able to permit reproduction and communications of copyrighted work needed for academic (i.e. non-commercial)

Zen and the Art of Repair Manuals: Enabling a Participatory Right to Repair Through an Autonomous Concept of EU Copyright Law

[Anthony D. Rosborough] Abstract: Repair manuals are an essential resource for repairing today’s modern and computerised devices. Though these manuals may contain purely utilitarian and uncopyrightable facts, they often receive copyright protection in their entirety as literary works. This protection can impede community-based efforts toward fostering a culture of participatory repair throughout the EU, including repair cafés and tool libraries.