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

The Implementation of Art. 17 DSM-Directive in Germany: A Primer with Some Comparative Remarks

[Matthias Leistner] Abstract: The implementation of the DSM-Directive in the European Member States is underway.... In regard to Art. 17, two basic models have emerged. Many Member States, in particular France, closely follow the wording of the Directive with only rather minor differences concerning the legislative technique and certain details, such as the definition of the OCSSPs. By contrast in
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A Review of WTO Disputes on TRIPS: Implications for Use of Flexibilities for Public Health

[Nirmalya Syam] The use of TRIPS flexibilities by WTO members involves interpretation of the obligations under TRIPS which can be challenged under the WTO dispute settlement system. Mutually agreed solutions, panel or Appellate Body decisions adopted in such disputes can thus impact the scope of TRIPS flexibilities to address, among others, public health objectives. This paper explores how the WTO
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VIDEO: Webinar on Fair Dealing and Other Copyright Exceptions

[Hosted by the Kenya Copyright Board, February 10, 2022] Panelists Joseph Kavulya, Denise Nicholson, Desmond Oriakhogba, Jonathan Band, and Paul Kaindo discuss the following topics: an introduction to fair dealing and other copyright exceptions; the evolution of fair dealing internationally; how Nigeria is updating its copyright exceptions; what does the Kenya Copyright Act state; and Challenges for libraries using copyright
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The Right to Health in Pharmaceutical Patent Disputes

[Emmanuel Kolawole Oke] This paper examines how the courts in three developing countries (Kenya, South Africa, and India) have addressed the tension between patent rights on pharmaceutical products and the right to health. The paper begins by examining the nature of the relationship between patent rights and the right to health. It thereafter explores the justiciability of the right to
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Mainstreaming Public Health Considerations in Adjudication of Intellectual Property Disputes: Implications of Specialized IP Courts and General Courts

[Justice (Retd.) Prabha Sridevan] How can the public interest dimension be considered in the adjudication of intellectual property (IP) disputes, in particular those concerning patents on health technologies such as medicines and vaccines? This is the main question addressed by Justice (Retd.) Prabha Sridevan, former Judge of the Madras High Court and former Chairperson of the Intellectual Property Appellate Board
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South Africa’s COPYRIGHT BILL: KEY POLICY OBJECTIVE AT RISK

[Electronic Information for Libraries] In December 2021, the National Assembly’s Portfolio Committee on Trade and Industry called for public submissions and comments on new, substantive amendments to the Copyright Amendment Bill [B13B-2017], based on inputs from the previous public consultation in June 2021. The wide scope of the proposed amendments surprised many stakeholders because the previous consultation was clearly limited
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