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

An Examination of Selected Public Health Exceptions in Asian Patent Laws

[Kiyoshi Adachi] This study examines the variations within Asia of two exceptions to patent rights that are commonly justified under Article 30 of the World Trade Organization (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS Agreement), namely the research and experimentation exception and the regulatory review (or “Bolar”) exception. Both these exceptions are important in the context
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What Is the Impact of Intellectual Property Rules on Access to Medicines? A Systematic Review

[Brigitte Tenni, Hazel V. J. Moir, Belinda Townsend, Burcu Kilic, Anne‑Maree Farrell, Tessa Keegel and Deborah Gleeson] Abstract: It is widely accepted that intellectual property legal requirements such as patents and data exclusivity can affect access to medicines, but to date there has not been a comprehensive review of the empirical evidence on this topic. The World Trade Organization’s Agreement
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Letter to Canadian Ministers Regarding Proposed Amendments to Copyright Law on Term of Protection and Education Exceptions

[Jointly signed by 25 Canadian IP scholars] As a group of Canadian Intellectual Property Law scholars, we write to express our deep concern regarding the reference in the 2022 Federal Budget to amendments to the Copyright Act. We strongly urge you to exclude the contemplated amendments to the Copyright Act from any Budget Implementation Bill and ensure that their enactment
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Biological Patent Thickets and Delayed Access to Biosimilars, An American Problem

[Rachel Moodie and Bernard Chao] Abstract: Drug prices in the United States are higher than in other countries. Generic drugs offer one path to lower these prices. The Biologics Price Competition and Innovation Act ('BPCIA') was passed in 2010 to promote the entry of biosimilars, generic versions of a new class of biologic drugs. These drugs have proven to be
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Copyright and Digital Teaching Exceptions in the EU: Legislative Developments and Implementation Models of Art. 5 CDSM Directive

[Giulia Priora, Bernd Justin Jütte & Péter Mezei] Abstract: Article 5 of the 2019 EU Directive on Copyright in the Digital Single Market (CDSM) attempted to modernize the regime of copyright exceptions and limitations related to teaching activities. Its aim is to enhance the flexibility behind permitted uses to the benefit of educational institutions regarding their digital and cross-border teaching.
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Creative Commons Publishes Policy Paper: Towards Better Sharing of Cultural Heritage — An Agenda for Copyright Reform

[Brigitte Vézina] Over the past few months, members of the Creative Commons (CC) Copyright Platform along with CC friends from around the world have worked together to develop a policy paper addressing the key high-level policy issues affecting access and sharing of cultural heritage, notably by galleries, libraries, archives and museums (GLAMs). In this blog post, we provide some background
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