Author: InfoJustice Eds.

Communia Association Copyright Directive Webinars

Posted by InfoJustice Eds. | Jun 8, 2020 | Domestic Policies, Regional Fora

[Natalia Mileszyk] The process of implementation of the new Copyright Directive is speeding up in various countries (see our Implementation Tracker). Therefore, COMMUNIA has decided to organize a series of 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 the national level, to expand and strengthen user rights. The Copyright Directive Webinars are aimed at local advocates and national policymakers and will be conducted by COMMUNIA members and experts that were involved in preparing our Implementation Guidelines. We will hold four webinars of one hour each, as follows.

Articles 7 and 8 as the basis for interpretation of the TRIPS Agreement

Posted by InfoJustice Eds. | Jun 8, 2020 | Multilateral Fora

[Thamara Romero] Abstract: Articles 7 and 8 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) play a central role in assuring the members of the World Trade Organization (WTO) the right to implement public health measures. The Doha Declaration on the TRIPS Agreement and Public Health is also an important element for the interpretation of any provision of the TRIPS Agreement that may have public health implications. The most recent and prominent example of the use of articles 7 and 8 for interpretation in WTO law can be found in the WTO Panel decision of 2018 on the Australia – Tobacco Plain Packaging dispute.

The 73rd World Health Assembly and Resolution on COVID-19: Quest of Global Solidarity for Equitable Access to Health Products

Posted by InfoJustice Eds. | May 31, 2020 | Access to Medicine, Limitations and Exceptions, Multilateral Fora, News

[Nirmalya Syam, Mirza Alas and Vitor Ido] Abstract: The annual meeting of the World Health Assembly (WHA) of the World Health Organization (WHO) held virtually on 18-19 May 2020 discussed the global response to COVID-19 and adopted Resolution WHA73.1 on “COVID-19 Response”… Though the Resolution makes a commitment of ensuring access to medical products, vaccines and equipment for all countries in a timely manner, there are no concrete actions defined. In order to ensure global equitable access, WHO Members should make full use of the flexibilities of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and also enhance transparency of costs of research and development (R&D), openness and sharing of data, tools and technologies, and build more capacity through technology transfer.

Our DSM Implementation Tracker Is Out

Posted by InfoJustice Eds. | May 31, 2020 | Domestic Legislation, Regional Fora

[Teresa Nobre] Today we are launching our new DSM Directive Implementation Tracker. These tracking pages aim to provide information on the status of the implementation of the new Copyright Directive in all EU Member States. The information contained in each country page was collected by local organisations and individuals in each country and/or from public sources. This tracker is part of a wider implementation project of COMMUNIA and its members Centrum Cyfrowe and Wikimedia, which includes a range of activities (including our DSM Directive Implementation Guidelines) to make sure that local communities in as many Member States as possible are aware of their national legislative processes and participate in those processes.

EIFL COMMENTS ON KENYA’S IP BILL

Posted by InfoJustice Eds. | May 26, 2020 | Domestic Legislation

[Electronic Information for Libraries] EIFL has provided comments to the Kenya Copyright Board (KECOBO) on the draft Intellectual Property Bill, 2020, which aims to consolidate existing laws relating to intellectual property. The draft Bill also proposes mandating the development of a national strategy and policy on intellectual property, a potentially useful means of framing copyright within national priority areas such as literacy and education, digital inclusion, research and innovation. A national strategy also provides the opportunity to highlight the place of libraries in national information infrastructures that help deliver on government policies, and the need for copyright laws to support library activities and services in pursuit of these public interest objectives.

A COALITION OF STUDENT ORGANIZATIONS LAUNCH ADVOCACY TRACKER TOOL OF PUBLIC FUNDS FOR COVID-19 AT KEY UNIVERSITIES

Posted by InfoJustice Eds. | May 18, 2020 | Access to Medicine, Coronavirus

[Universities Allied for Essential Medicine Europe] Today, May 18th, Universities Allied for Essential Medicines (UAEM), in collaboration with multiple American medical student organizations, has launched an interactive mapping tool that highlights key research universities and institutions that are receiving taxpayer money to develop novel diagnostics, therapeutics, and/or vaccines for COVID-19. The tool powerfully demonstrates the indispensable role of universities, public research institutions and public funding in the development of novel medical technologies. By visualizing where public funding is being directed, this tool contributes to transparency regarding the current significant levels of public investment and aims to hold research universities and institutions accountable to their social responsibilities to the public by ensuring any resulting technologies will be affordable and accessible to all.

New policy paper on fundamental rights as a limit to copyright during emergencies

Posted by InfoJustice Eds. | May 14, 2020 | Coronavirus, Limitations and Exceptions, User Rights Network

[Teresa Nobre] Today, Communia released a policy paper on fundamental rights as a limit to copyright during emergencies. This policy paper has been prepared in the context of the COVID-19 pandemic, which has caused a massive disruption of the normal organization of society in many EU countries. In our paper we defend that, in order to transpose education, research and other public interest activities from public locations to private homes during government-imposed lockdowns, we need to be able to rely on the understanding that fundamental rights can, in exceptional situations, function as an external limit to our national copyright systems.

Open letter to the EU Ambassador to South Africa on copyright laws

Posted by InfoJustice Eds. | May 14, 2020 | Domestic Legislation, Fair Use, Limitations and Exceptions, User Rights Network

[Association for Progressive Communications and International Federation of Library Associations and Institutions] … stakeholders across South Africa have being waiting for many years for the update of the country’s copyright laws. With the last reform having taken place 40 years ago, there is a pressing need to bring laws into the digital age, as well as to address the significant problems around the governance of rightholder organisations set out by the Farlam Commission. The resulting bill achieves many of these goals.

World leaders unite in call for a people’s vaccine against COVID-19

Posted by InfoJustice Eds. | May 14, 2020 | Access to Medicine, Coronavirus, Multilateral Fora

[UNAIDS Press Release] More than 140 world leaders and experts, including the President of South Africa and Chair of the African Union, Cyril Ramaphosa, the Prime Minister of Pakistan, Imran Khan, the President of the Republic of Senegal, Macky Sall and the President of the Republic of Ghana, Nana Addo Dankwa Akufo-Addo have signed an open letter calling on all governments to unite behind a people’s vaccine against COVID-19. The call was made just days before health ministers meet virtually for the World Health Assembly on 18 May. The letter, which marks the most ambitious position yet set out by world leaders on a COVID-19 vaccine, demands that all vaccines, treatments and tests be patent-free, mass produced, distributed fairly and made available to all people, in all countries, free of charge.

New Leadership at WIPO

Posted by InfoJustice Eds. | May 11, 2020 | Multilateral Fora, User Rights Network, WIPO

[Teresa Hackett] In May 2020, member states of the World Intellectual Property Organization (WIPO) appointed Mr Daren Tang to WIPO’s top job in Geneva. As leader of WIPO, the global body that sets international law and policy on intellectual property issues, the new Director General takes charge of an organization whose direction on copyright determines how libraries do their work, especially in the digital environment. In this blog, Teresa Hackett, EIFL Copyright and Libraries Programme manager introduces the new Director General and sets out hopes for libraries under his leadership. EIFL has congratulated Tang on his appointment.

FDA: Release Research Data on Remdesivir for Emergency Use for Coronavirus Patients

Posted by InfoJustice Eds. | May 5, 2020 | Coronavirus

[Public Citizen Press Release] The U.S. Food and Drug Administration should promptly release all research data supporting Gilead Sciences’ request for emergency use of remdesivir for treatment of patients hospitalized with the coronavirus infection (COVID-19), Public Citizen said today in a Freedom of Information Act (FOIA) request to the agency.

Research Data Alliance COVID-19 Guidelines and Recommendations

Posted by InfoJustice Eds. | May 4, 2020 | Blog, Coronavirus, IP & Research

[EIFL] The Research Data Alliance (RDA) COVID-19 Working Group has released draft guidelines and recommendations for sharing research data in ways that support scientific research and policy making during public health emergencies. The group is calling for feedback on the draft guidelines. Feedback will inform the Working Group’s discussions and be incorporated into the next version of the guidelines and recommendations. You can post your feedback here. The deadline is 24 May.

Intellectual Property Rights and Innovation in the Time of the Corona Epidemic

Posted by InfoJustice Eds. | Apr 28, 2020 | Coronavirus

[Krishna Ravi Srinivas] Abstract: The HIV/AIDS crisis showed that the traditional IP rules and models of innovation do not assure affordable access. This resulted in some changes in IP rules and the recognition that IP and trade rules should not become major constraints for affordable access. The current crisis provides an opportunity to revisit and learn from the earlier one. This calls for a rethink of role of IP and its use as an incentive. The Business As Usual approach will not work. The current crisis should be seen as an opportunity to review and rethink and to give new models and approaches a chance.

WORLD IP DAY: SAFEGUARD OUR CULTURAL HERITAGE

Posted by InfoJustice Eds. | Apr 25, 2020 | Limitations and Exceptions, Multilateral Fora

[Electronic Information for Libraries] On the occasion of World Intellectual Property Day 2020, EIFL worked with leading global cultural heritage organizations in drafting an open letter calling on the World Intellectual Property Organization (WIPO) to take urgent action to help save our cultural heritage. The theme of World IP Day 2020 is ‘Innovate for a Green Future’. This is a welcome goal, but we must not forget the threat to the world’s cultural heritage posed by the disastrous effects of climate change, and aggravated by the lack of appropriate copyright legislation supporting the institutions that preserve our common knowledge and heritage.

Pharmaceutical Monopolies, Hostility to Global Cooperation, Limited Production Threaten Coronavirus Response

Posted by InfoJustice Eds. | Apr 23, 2020 | Coronavirus, Press Releases

[Public Citizen] Open science, ramped-up manufacturing, fair pricing and sharing of technology, among other actions, are urgently needed to reduce loss of life during the coronavirus (COVID-19) pandemic, 254 groups including Public Citizen said today. The groups released a list of principles calling for action from governments, international agencies, manufacturers, donors and development partners.

Does WIPO’s New Leadership Have the Vision to Shake Up Global Copyright Policy-Making?

Posted by InfoJustice Eds. | Apr 18, 2020 | Limitations and Exceptions, Multilateral Fora, WIPO

[Brigitte Vézina] This change in leadership opens the way for bold new perspectives and a sharpened focus on much needed global copyright policy reform that has been urged for decades. With Tang at the helm, WIPO and its member states will have a unique opportunity to recalibrate an outdated, unbalanced copyright system, embrace on equal terms the views and opinions of civil society organizations, and create a new order where rules are fit for the digital environment in which we all learn, create, and share.

Patent holders urged to take “Open COVID Pledge” for quicker end to pandemic

Posted by InfoJustice Eds. | Apr 9, 2020 | Coronavirus

With the number of people afflicted with COVID-19 surging past 1 million, thousands dying of COVID-19 every day, and the situation likely to worsen in the coming months, an international coalition of legal experts, engineers and scientists are calling on companies, universities and other organizations to make their intellectual property (IP) temporarily available free of charge for use in ending the COVID-19 pandemic and minimizing the impact of the disease.

South Centre Letter to WTO, WHO, and WIPO on Covid-19 and the TRIPS Art. 73 Exception for “Essential Security Interests”

Posted by InfoJustice Eds. | Apr 5, 2020 | Access to Medicine, Coronavirus

…Access to affordable medicines, vaccines and diagnostics and to medical equipment, and to the technologies to produce them, is indispensable to treat COVID-19. Such technologies should be broadly available to manufacture and supply what is needed to address the disease… In this connection, I wish to recall that in accordance to the ‘Security Exceptions’ contained in Article 73(b) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), any World Trade Organization Member can take “any action which it considers necessary for the protection of its essential security interests”. The use of this exception will be fully justified to procure medical products and devices or to use the technologies to manufacture them as necessary to address the current health emergency.

Civil Society Letter to WIPO Director General Francis Gurry on Covid-19 and Intellectual Property

Posted by InfoJustice Eds. | Apr 3, 2020 | Coronavirus

We write to you as organisations and individuals representing researchers, educators, students, and the institutions that support them, to encourage WIPO to take a clear stand in favour of ensuring that intellectual property regimes are a support, and not a hindrance, to efforts to tackle both the Coronavirus outbreak and its consequences. The COVID-19 pandemic has shone a bright light on how important intellectual property limitations and exceptions can be to development and human flourishing. Researchers discovered the spread of the virus through a text and data mining project analyzing copyrighted news articles, enabled by Canada’s flexible fair dealing right for research purposes. The earliest potential treatments have been developed through existing medicines, enabled by experimental use exceptions to patent rights.

Creative Commons Interview with Dr. Lucie Guibault: What Scientists Should Know About Open Access

Posted by InfoJustice Eds. | Mar 31, 2020 | Coronavirus, Empirical Research, IP & Research

[Interview by Victoria Heath and Brigitte Vézina]…When time is of the essence, like now with the COVID-19 pandemic, scientific research results must be made available as soon as possible so that other scientists, policymakers and the general population can rely on sound scientific data in their decision-making process. Contrary to the traditional publishing model, which puts scientific publications behind a paywall or puts a 6 to 12-month embargo on self-archiving (depositing scholarly research in an online repository or open archive), open access allows for immediate, worldwide access to scientific and scholarly publications.

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