Advocating for a world where intellectual
property law serves the public interest.
[Daniel J. Gervais] Abstract: The WTO has begun its work on the interface between Big Data and trade law, including the TRIPS Agreement. After defining Big Data, this paper explores how TRIPS and especially the copyright section might apply. It also discusses briefly the EU database right and then considers how an exception for Text and Data Mining (TDM) might
On April 7, Jorge Contreras was featured on NPR's "Academic Minute" podcast to discuss the Open Covid Pledge. Excerpt: "In early March 2020, along with news reports about the rapid spread of COVID-19 and its serious health effects, stories began to emerge that patents could hinder vaccine and drug research, as well as the manufacture and supply of products necessary
[Sean Flynn] Over 250 organizations, prominent researchers, and experts support South Africa and India’s recent proposal to temporarily waive World Trade Organization (WTO) rules on intellectual property — including copyright — for the “prevention, containment and treatment of COVID-19.”... Most of the public debate on the proposal focuses on patent barriers to the production of generic versions of vaccines. Some
[Heesob Nam] Knowledge Commune, in collaboration with the Justice Party, successfully mobilized the members of the National Assembly of the Republic of Korea to introduce this resolution... Recognizing that in this hyper connected global community COVID-19 pandemic can only be put an end by vaccination in every country, not in certain countries; Confirming that addressing of vaccine inequality is the
[Christoph Spennemann and Clara Warriner] This policy brief analyzes how the German Federal Court of Justice addressed compulsory licensing under German patent law, where the request for a compulsory license was used in preliminary proceedings as a defense against alleged patent infringement.
[Ariel Katz] Abstract: According to conventional wisdom, a fundamental difference exists between the American fair use doctrine and the Canadian fair dealing doctrine (or that of other Commonwealth countries): while American fair use can apply potentially to any purpose, fair dealing could only apply to the explicit purposes enumerated in the statute. Accordingly, the argument goes, fair dealing cannot apply
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