Author: InfoJustice Eds.

An Open Letter to the Government of South Africa on the Need to Protect Human Rights in Copyright

Posted by InfoJustice Eds. | Aug 22, 2020 | Bilateral Trade Pressures, Domestic Legislation, Limitations and Exceptions

[Cory Doctorow] Five years ago, South Africa embarked upon a long-overdue overhaul of its copyright system, and, as part of that process, the country incorporated some of the best elements of both U.S. and European copyright. From the U.S.A., South Africa imported the flexible idea of fair use — a set of tests for when it’s okay to use others’ copyrighted work without permission. From the E.U., South Africa imported the idea of specific, enumerated exemptions for libraries, galleries, archives, museums, and researchers. Both systems are important for preserving core human rights, including free expression, privacy, education, and access to knowledge; as well as important cultural and economic priorities such as the ability to build U.S.- and European-style industries that rely on flexibilities in copyright.

Uneducating Copyright – Member States Can Choose Between ‘Full Legal Certainty’ and Patchworked Licensing Schemes for Digital and Cross-Border Teaching Activities

Posted by InfoJustice Eds. | Aug 19, 2020 | Academic Resources, Limitations and Exceptions, Regional Fora

Author: Bernd Justin Jütte Abstract: The Directive on Copyright in the Digital Single Market supplements the existing exception for teaching of the Information Society Directive. The new exception focuses on digital and...

ON A KNIFE EDGE? SOUTH AFRICA’S NEW COPYRIGHT LAW

Posted by InfoJustice Eds. | Aug 15, 2020 | Domestic Legislation, Fair Use, Limitations and Exceptions, User Rights Network

[EIFL] The Copyright Amendment Bill [B13B – 2017] had been sitting on the desk of President Cyril Ramaphosa for over a year waiting to be signed into law. In June 2020, when Blind South Africa issued a legal challenge over the delay, the President acted. But instead of signing the Bill that had been approved by the legislature, the President used his prerogative to return it to parliament citing constitutional concerns with certain aspects, including new exceptions for libraries, education and persons with disabilities. The President’s rejection of the Bill is widely seen as the result of pressure by copyright industries, and the threat of trade sanctions and reduced future investment from the United States and the European Union.

COVID and Copyright – The Right to Research

Posted by InfoJustice Eds. | Aug 12, 2020 | AI, Coronavirus, Limitations and Exceptions

[Teresa Hackett] In Part II of this two-part blog, EIFL Copyright and Libraries Programme Manager Teresa Hackett examines how the COVID-19 pandemic has highlighted the importance of the right to research through two key issues, text and data mining and digital preservation by cultural heritage institutions, and how WIPO’s proven formula could address the issues. In Part 1 of the blog, we looked at the immediate challenges the COVID-19 pandemic posed for the copyright and licensing framework as education moved online.

WTO TRIPS Council Discusses National IP Measures and TRIPS Flexibilities in the Context of COVID-19

Posted by InfoJustice Eds. | Aug 9, 2020 | Access to Medicine, Coronavirus, Multilateral Fora

[Nirmalya Syam] A regular session of the TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) Council was held virtually on 30 July 2020. This session offered the first opportunity for the World Trade Organization (WTO) Members to discuss intellectual property (IP) related issues in the context of COVID-19. Discussions focused on national measures taken by various countries in relation to IP in response to COVID-19 as well as the scope of the use of TRIPS flexibilities across the spectrum of various IP rights in order to ensure rapid development, scaled up manufacturing of and affordable, timely and equitable access to various technologies and products required to respond to COVID-19. South Africa made a strong general statement pointing to the need to consider new bold measures that will comprehensively and expeditiously address IP challenges.

WHO, WIPO, WTO launch updated study on access to medical technologies and innovation

Posted by InfoJustice Eds. | Jul 29, 2020 | Access to Medicine, Multilateral Fora

[World Intellectual Property Organization press release] On 29 July, the Directors-General of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) presented a new edition of the Trilateral Study on Access to Medical Technologies and Innovation. Building on the first edition launched in 2013, the publication seeks to strengthen the understanding of the interplay between the distinct policy domains of health, trade and intellectual property (IP), and how they affect innovation and access to medical technologies, such as medicines, vaccines and medical devices. The second edition provides an improved, evidence-based foundation for policy debate and informed decision-making at a critical time for global health.

EIFL Urges Brazil to Maximize the Benefits of the Marrakesh Treaty to Expand the Global Availability of Accessible Format Works for Persons with Print Disabilities

Posted by InfoJustice Eds. | Jul 29, 2020 | Domestic Legislation

[Electronic Information for Libraries] EIFL welcomed the opportunity to submit comments on Brazil’s implementation of the Marrakesh Treaty for persons with print disabilities. The comments focused on Article 4(4) of the treaty, an optional provision that allows a country to confine exceptions to works that are not available on the commercial market under reasonable terms, the so-called ‘commercial availability test’. EIFL opposes the introduction of a commercial availability test because it would undermine the overarching objective of the Marrakesh Treaty, which is to expand the availability of accessible format works for persons with print disabilities. It would especially hamper cross-border exchange of accessible format works, widely recognized as key to ending the global ‘book famine’ for persons with print disabilities, and fundamental to the treaty’s success.

Coronavirus Pandemic: The Vaccine As Exit Strategy – A Global Hurdle Race Against Time with a Split Jury

Posted by InfoJustice Eds. | Jul 24, 2020 | Coronavirus

[Francisco Colman Sercovich] …The markets of the poorest countries, those most affected by prior pandemics thus far, are not profitable enough for wealthy countries-based multinationals to justify engaging in vaccine R&D. Beyond health-related imperatives, the large subsidies being swiftly granted by wealthy countries now in order to not just shorten schedules but also, perhaps for the most part, to ensure domestic production capacity and control of intellectual property rights, are a glaring recognition of the market failures involved and the ensuing need for public intervention — albeit often tinted by a narrow-minded nationalism.

Restore Balance, Protect Freedoms: Copyright Reforms in Mexico Need Rethinking

Posted by InfoJustice Eds. | Jul 22, 2020 | Domestic Legislation, NAFTA

[International Federation of Library Associations] There has been disappointing news from Mexico, where recent copyright legislation risks making access to information significantly harder, while also undermining the role of the judiciary and lawmakers. Local libraries and other actors are calling for a constitutional review.

Copyright Directive – Implementation – July news

Posted by InfoJustice Eds. | Jul 21, 2020 | Domestic Legislation, Limitations and Exceptions, Regional Fora

[Natalia Mileszyk] Last month, we held the first edition of our Copyright Directive Webinars, aimed at explaining the different provisions of the new Copyright Directive and making suggestions on what to advocate for during the implementation process of those provisions at a national level, to expand and strengthen user rights. We’ve now released the presentations and video recordings of the webinars. As you know, many countries are now speeding up with the process of implementation of the Directive – you can find below a short summary of what’s going on.

Carolina Botero Appointed to the UNESCO Open Science Advisory Committee

Posted by InfoJustice Eds. | Jul 20, 2020 | News, Open

UNESCO has launched a two-year consultation process to build a global consensus on open science. The consultation process includes the establishment of an Open Science Advisory Committee appointed by the Director-General of UNESCO that will be in charged of drafting the UNESCO Recommendation on Open Science so that we can have a “regionally balanced, inclusive and transparent consultation. Carolina Botero, Director of Fundacion Karisma and Host of the next Global Congress on IP and the Public Interest has been named to the Open Science Advisory Committee.

Lessons from COVID-19: Pharmaceutical Production as a Strategic Goal

Posted by InfoJustice Eds. | Jul 17, 2020 | Access to Medicine, Coronavirus

[Carlos Correa] As often said, major crises bring about challenges but also opportunities. The strategic importance of a local pharmaceutical industry has been growingly recognized as a result of the COVID-19 crisis. Developing countries should take advantage of this opportunity to strengthen their pharmaceutical industry, including biological medicines. Industrial policies would need to be reformulated under an integrated approach so as to expand value added & create jobs while addressing public health needs. South-South cooperation may also play an important role in increasing the contribution of developing countries to the global production of pharmaceuticals.

Who is Facilitating Fair Use in the time of a Pandemic?

Posted by InfoJustice Eds. | Jul 7, 2020 | Academic Resources, Coronavirus, Fair Use

[Mehtab Khan] The pandemic has put several pressures on the scope of fair use. Within a matter of weeks, millions of people lost physical access that they normally would have had through libraries and cultural institutions. Fair use was built to be flexible for circumstances like these. But now that users have changed the way that they are accessing copyrighted works, primarily through intermediaries, this has implicated copyright and fair use in novel ways.

COVID LESSONS – COPYRIGHT AND ONLINE LEARNING

Posted by InfoJustice Eds. | Jun 30, 2020 | Coronavirus, Limitations and Exceptions

[Teresa Hackett] At the end of March, at the height of the global lockdown, UNESCO estimates that more than 1.5 billion learners in 193 countries were affected by country-wide or localized closures of schools and other educational institutions. The closures happened overnight and mid-way through the academic year, leaving no time for teachers and students to prepare. For education to continue, it had to move off-campus and online.

Intellectual Property, Innovation and Access to Health Products for COVID-19: A Review of Measures Taken by Different Countries

Posted by InfoJustice Eds. | Jun 26, 2020 | Academic Resources, Access to Medicine, Coronavirus

[Nirmalya Syam] Abstract: The rising incidence of COVID-19 will require all countries, particularly developing and least developed countries, to be able to procure and manufacture the products required for the diagnosis, prevention and treatment of COVID-19. Intellectual property (IP) rights over such products can constrain the ability of countries to rapidly procure and produce and supply the products required at a mass scale. This Policy Brief describes the measures and actions taken by different countries to address potential IP barriers to access to the products required for COVID-19.

June 16 2020: A Sad Day for South African Youth

Posted by InfoJustice Eds. | Jun 24, 2020 | Domestic Legislation, Limitations and Exceptions

[South African Democratic Teachers Union, Independent Beneficiaries Forum, South African Guild of Actors, ReCreate South Africa, Section 27 and BlindSA] On June 16th we celebrate the resistance by the youth of Soweto and across South Africa to oppressive laws that limited their future education prospects based on race. In 1976 black school students left their desks to protest the imposition of Afrikaans as a medium of instruction. The massacre of students that followed was one of the darkest days in the history of apartheid. Sadly, 44 years later on June 16th 2020, we faced another dark day for the prospects of our young people. In a letter which received little media attention, President Cyril Ramaphosa referred the Copyright Amendment Bill back to Parliament. This move by the President could dash the future education and employment prospects of millions more young South Africans.

Will Patents stop Covid drugs from saving lives?

Posted by InfoJustice Eds. | Jun 16, 2020 | Access to Medicine, Coronavirus

[Ken Shadlen] The Covid-19 pandemic has sparked a global race of public- and private-led research to develop vaccines and treatments. Will patents hinder access to the products it generates? … With regard to treatments (the dynamics around vaccines may differ), access problems will mainly affect middle-income countries. While low-income countries will likely receive drugs at discounted prices, and with governments and philanthropic donors covering the costs, middle-income countries will face higher prices. To understand why, let’s compare Covid-19 to HIV/AIDS, and consider one potential treatment that has advanced in clinical development and about which we have enough patent information for an informed discussion.

How Filters fail (to meet the requirements of the DSM directive)

Posted by InfoJustice Eds. | Jun 15, 2020 | Limitations and Exceptions, Regional Fora

[Paul Keller] Article 17 of the DSM directive establishes that Online Content Sharing Service Providers (OCSSPs) are liable for copyright infringing uploads by their users unless they either obtain a license for the use of such content, or take a number of measures designed to prevent the availability of such content on their platforms. While the directive never explicitly talks about filters or automated content recognition (ACR) systems, it is assumed by all sides of the debate that, in order to meet this obligation, platforms have little choice but to implement ACR-based filtering systems that will scan all user uploads and block or remove uploads that contain works that have been flagged by their rightholders.

SOUTH AFRICA: MORE THAN 80 ACADEMICS, RESEARCHERS AND TEACHERS CALL ON PRESIDENT TO FIX THE PATENT LAWS

Posted by InfoJustice Eds. | Jun 11, 2020 | Access to Medicine, Coronavirus

[Afro Chic] More than 80 leading academics, teachers and researchers have written to the President surrounding the need to make changes to South Africa’s patent law, particularly around issues pertaining to COVID-19. It details their urges to the President to engage in a process of law reform- something to which his offices have already committed, although progress in this regard has been slow. The letter relates to both existing and prospective patented and patentable equipment that may be used to combat or mitigate the effects of the pandemic and includes products such as respirators and personal protective equipment (PPE) as well as diagnostic testing equipment and medicines.

WHO Recognizes the Open COVID Pledge as a Means to Advance Research and Science in the Fight Against COVID-19

Posted by InfoJustice Eds. | Jun 9, 2020 | Coronavirus, Multilateral Fora, News

[Diane Peters] Today, under the leadership of the World Health Organization, more than three dozen member countries and other organizations announced their support of the WHO’s Solidarity Call to Action. We are pleased that within this statement of principles, the Open COVID Pledge is featured as a mechanism that allows holders of valuable COVID intellectual property to meet the WHO’s call to action by immediately and freely making IP available to anyone for purposes of combating the disease. Through the generosity and vision of pledgors, this intellectual property can be used to develop and rapidly innovate medicines, test kits, vaccines, equipment, software and other technology to mitigate the pandemic’s impact. We count among our current Pledgors many technology giants, as well as research projects and institutes.

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