Author: InfoJustice Eds.

Our Guidelines for the Implementation of the DSM Directive

Posted by InfoJustice Eds. | Dec 2, 2019 | Limitations and Exceptions, Regional Fora

[Communia Association] We are thrilled to release our Guidelines for Implementation of the DSM Directive. These guidelines explain different provisions of the new Copyright Directive and make suggestions on what to advocate for during the implementation process of those provisions in the EU Member States. They are aimed at local advocates and national policy makers, and have the general objective of expanding and strengthening user rights at a national level beyond what is strictly prescribed by the new Directive.

Protecting Exceptions: New Survey of Legislation Safeguarding the Rights of Libraries and their Users

Posted by InfoJustice Eds. | Nov 29, 2019 | Domestic Legislation

[International Federation of Library Associations] A major advance in the most recent European copyright reform has been the inclusion of a ‘contract override’ provision for most of the new copyright exceptions. This addresses the problem that thanks to the principle of freedom of contract, libraries can often find themselves with fewer possibilities to allow for access to, and use of, a work than the law suggests.

President Ramaphosa: Please Sign Copyright Bill

Posted by InfoJustice Eds. | Nov 29, 2019 | Domestic Legislation, Fair Use, Limitations and Exceptions

[Electronic Information for Libraries] In a letter to Cyril Ramaphosa, President of the Republic of South Africa, EIFL urged the President to sign into law the long-awaited Copyright Amendment Bill without delay. The Bill, amending the 1978 Copyright Act, was approved by the legislature in March 2019 and awaits the Presidential assent. The Bill introduces new exceptions for libraries, education and people with disabilities, and brings copyright rules in South Africa into the digital age.

Access to Knowledge? WIPO Not Ready to Decide

Posted by InfoJustice Eds. | Nov 25, 2019 | Multilateral Fora

[Electronic Information for Libraries] …During the SCCR/39 session, and at the International Conference, three core issues emerged from the discussions: 1) there was clear recognition that L&Es are intrinsic to a balanced copyright system; 2) there was wide acknowledgement that copyright laws in many countries are falling behind in the digital age, and 3) there was emerging consensus on the urgent need to support preservation and access to cultural heritage, a core public interest activity of libraries, archives and museums.

Safeguarding User Freedoms in Implementing Article 17 of the Copyright in the Digital Single Market Directive

Posted by InfoJustice Eds. | Nov 21, 2019 | Regional Fora

[Sign on document circulated by IViR, University of Amsterdam] On 17 May 2019 the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was officially published (DSM Directive). Article 17 (ex-Article 13) is one of its most controversial provisions. Article 17(10) tasks the Commission with organising stakeholder dialogues to ensure uniform application of the obligation of cooperation between online content-sharing service providers (OCSSPs) and rightholders, and to establish best practices with regard to appropriate industry standards of professional diligence. This document offers recommendations on user freedoms and safeguards included in Article 17 of the DSM Directive – namely in its paragraphs (7) and (9) – and should be read in the context of the stakeholder dialogue mentioned in paragraph (10).

UNESCO Recommendation on Open Educational Resources (OER)

Posted by InfoJustice Eds. | Nov 20, 2019 | Multilateral Fora

[Zeynep Varoglu] There is good news on the UNESCO Recommendation on Open Educational Resources process: UNESCO Member States, at the CI Sector Commission of the General Conference, recommended the adoption of the UNESCO OER Recommendation draft by the Plenary Session of the 40th General Conference next week.

90 Organisations Demand Reform of African Regional Patent Office (ARIPO) to Improve Access to Medicines

Posted by InfoJustice Eds. | Nov 18, 2019 | Regional Fora

Monrovia, Liberia, 18th November 2019 — More than 90 civil society organisations are today calling for urgent reform of the Harare Protocol of the African Regional Intellectual Property Organization (ARIPO) in order to ensure people have access to more affordable medicines. The organisations demand that Ministers representing ARIPO Member States — who are meeting for the ARIPO Administrative and Ministerial Councils from 18 to 21 November in Liberia to change how they grant patents on medicines, in order to promote cost cutting generic competition.

Creative Workers’ Union Letter to President of South Africa, re: Copyright Amendment Bill

Posted by InfoJustice Eds. | Nov 15, 2019 | Domestic Legislation, Fair Use, Limitations and Exceptions

[International Federation of Actors; International Federation of Musicians; and UNI – Media, Entertainment & Arts] We are writing to you as it has become apparent that several international industry federations in the publishing, music and audiovisual sector have approached you with scaremongering letters to avert your approval of a much-needed reform in South Africa, including vital provisions to enhance the livelihood of professional performers and authors. We want you to know that we strongly disapprove of this initiative.

SAVE THE DATE: Global Congress – August 13-15, 2020

Posted by InfoJustice Eds. | Nov 13, 2019 | Events, User Rights Network

The Karisma Foundation, hosts of the 2020 Global Congress on Intellectual Property in the Public Interest, has announced the dates: August 13-15, 2020. The Congress will be held at the Hilton Hotel, El Laguito, in Cartagena, Colombia.

Article 17 Stakeholder Dialogue (Day 2): Filters, Not Licenses!

Posted by InfoJustice Eds. | Nov 11, 2019 | Regional Fora

[Communia Association] On Tuesday this week the participants of the stakeholder dialogue on Article 17 of the EU copyright directive convened in Brussels for the second meeting. After a first meeting that focused on practices in the music, games and software sectors (see our report here), this week’s meeting focused on the current situation in the audiovisual (AV) and publishing sectors.

The PrEP4All Collaboration Hails HHS’ Decision to File a Patent Infringement Lawsuit Against Gilead Sciences for their Use of Prep, But More Must Be Done

Posted by InfoJustice Eds. | Nov 8, 2019 | Blog

[PrEP 4 All Collaboration] The decision by Health and Human Services (HHS) to sue Gilead for patent infringement on Truvada and Descovy PrEP is a critical step to provide access to effective HIV prevention to everyone who needs it. Gilead’s conduct is unconscionable and has had disastrous consequences. In the suit, HHS spells this out plainly: “Gilead’s conduct was malicious, wanton, deliberate, consciously wrongful, flagrant, and in bad faith.”

Computer & Communications Industry Association Letter to President of South Africa

Posted by InfoJustice Eds. | Nov 5, 2019 | Bilateral Trade Pressures, Domestic Legislation, Fair Use

[Ed Black] … Contrary to the suggestions of the U.S. companies opposing fair use in South Africa, there is nothing inappropriate about the Copyright Amendment Bill’s inclusion of fair use. South African users and creators should be allowed to benefit from fair use, just as American users and creators are able to, along with the millions of citizens of the other jurisdictions that have adopted fair use.

Assessing Drug Pricing Reform Proposals: The Real Leverage And Benefits Of Competitive Licensing

Posted by InfoJustice Eds. | Nov 5, 2019 | Domestic Legislation, Domestic Policies

[Christopher J. Morten and Amy Kapczynski] Leading drug pricing bills in Congress tackle the problem of leverage with two distinct solutions to improve the government’s bargaining position: a tax on drug manufacturers that refuse to agree on a fair price and “competitive licensing,” under which the government accelerates market entry of competitors when a deal cannot be reached. House Speaker Nancy Pelosi (D-CA) has endorsed the first approach, recently announcing a bill that would impose a tax on drug manufacturers when they fail to reach an agreement with the government on price under Medicare Part D. Rena Conti and Paul Kleutghen recently argued in a Health Affairs blog post that the second approach—competitive licensing—is impractical because of purported manufacturing, regulatory, and legal hurdles faced by drug companies licensed under the competitive licensing scheme.

Comments on the Way Forward on Limitations and Exceptions by WIPO Deputy Director General for Copyright, Silvie Forbin

Posted by InfoJustice Eds. | Oct 30, 2019 | Limitations and Exceptions, Multilateral Fora

The following statement was made by Deputy Director General Sylvie Forbin at the Standing Committee on Copyright and Related Rights summarizing the conclusions from the international conference on limitations and exceptions held October 18-19 in Geneva, Switzerland. The text below is a transcript of an oral presentation and may contain small errors and incomplete syntax given the mode of presentation. A fuller written report on the conference and regional seminars will be published by the Secretariat two months before the 40th meeting of the SCCR. The date for the 40th SCCR has not been set.

The African Regional Intellectual Property Organization (ARIPO) Model Law on Copyright and Related Rights

Posted by InfoJustice Eds. | Oct 28, 2019 | Limitations and Exceptions, Multilateral Fora

[Chijioke Okorie] Last week, the African Regional Intellectual Property Organization (ARIPO) published the ARIPO Model Law on Copyright and Related Rights (the Model Law). The ARIPO member states are expected to adopt and/or adapt the Model Law for their respective national purposes.

Article 17 Stakeholder Dialogue (Day 1): Same Old, Same Old

Posted by InfoJustice Eds. | Oct 28, 2019 | Limitations and Exceptions, Regional Fora

[Communia Association] Article 17(10) of the Copyright in the Digital Single Market directive requires the Commission to “organise stakeholder dialogues to discuss best practices for cooperation between online content-sharing service providers and rightholders”. Last week Tuesday we took part in the first meeting of the stakeholder dialogue. The dialogue (which will consist of a series of meetings) is supposed to provide the Commission with input for producing guidelines can “balance fundamental rights and the use of exceptions and limitations” with the upload filtering obligations introduced by Article 17 of the directive.

Uganda Tells ARIPO: No More Patents for Pharmaceuticals

Posted by InfoJustice Eds. | Oct 23, 2019 | Domestic Policies, IP and Human Rights

[Ellen ‘t Hoen] Uganda has notified the African Regional Intellectual Property Organisation (ARIPO) that pharmaceutical inventions are not eligible for patentability in the country, Managing IP reported. With this notification, Uganda is exercising one of the TRIPS flexibilities specific for least developed country members of the World Trade Organization that allows them not to grant or enforce pharmaceutical patents and protection of undisclosed data.

Civil Society Letter to WIPO Delegates Attending the 39th SCCR

Posted by InfoJustice Eds. | Oct 21, 2019 | Limitations and Exceptions, Multilateral Fora, User Rights Network

[Letter endorsed by 10 civil society groups] We are shocked by the attached proposal of the Chair to change the title of the agenda items on limitations and exceptions and prioritize discussions of the “role of licensing, contractual-based solutions, etc.” We are also troubled by the measures that will have the effect of reducing action on limitations and exceptions to “capacity building” and “tool kits.”

Civil Society Groups Criticize WIPO Broadcast Treaty Limitations and Exceptions

Posted by InfoJustice Eds. | Oct 15, 2019 | Multilateral Fora

[Memorandum Endorsed by Seven Civil Society Groups] A broad collection of civil society organizations, including the representatives of thousands of libraries and over 30 million teachers, sent a letter to country delegates of the World Intellectual Property Organization criticizing the draft Broadcasting Treaty being considered by member states next week. At issue is the draft treaty’s limitations and exceptions clause, which the organizations argue “would fail to ensure all uses allowed by copyright” and would “add new international law restrictions on the adoption of limitations and exceptions for parties to the Rome Convention.”

R&D Costs and Pricing of Medicines and Health Technologies

Posted by InfoJustice Eds. | Oct 14, 2019 | IP and Human Rights, Multilateral Fora

[Kanaga Raja] The current model of medical innovation is ill-equipped to respond to the increasing emergence of infectious diseases amongst others, South Africa has underscored, in calling on WTO members to share their experiences of how TRIPS flexibilities have been used to address high prices and barriers on access to medical technologies and medicines.

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