InfoJustice Roundup – December 10, 2018
Statement by ReCreate South Africa on the passing of the Copyright Amendment Bill
ReCreate South Africa welcomes the passing of the Copyright Amendment Bill by the National Assembly. This historic move provides clear guidelines and balance between the rights of creators and users. ReCreate South Africa notes the lengthy consultative approach adopted by Parliament’s Portfolio Committee on Trade and Industry. We applaud the passage of a bill that serves creator interests by respecting three key rights to enable us to create the next generation of South African content for the world. Click here for more.
See also: Sean Flynn. Drama In South Africa Leads to Passing Fair Use. Link.
Evolution of Africa’s Intellectual Property Treaty Ratification Landscape
[Jeremy De Beer, Jeremiah Baarbé, and Caroline Ncube] Abstract: Intellectual property (IP) policy is an important contributor to economic growth and human development. However, international commitments harmonised in IP treaties often exist in tension with local needs for flexibility. This article tracks the adoption of IP treaties in Africa over a 131-year span, from 1884 to 2015, through breaking it down into four periods demarcated by points in time coinciding with key events in African and international IP law: the periods 1884–1935, 1936–1965, 1966–1995, and 1996–2015. The article explores relevant historical and legal aspects of each of these four periods, in order to assess and contextualise the evolutions of the IP treaty landscape on the continent. The findings show that treaties now saturate the IP policy space throughout the continent, limiting the ability to locally tailor approaches to knowledge governance. Click here for more.
Secondary Liability and Safe Harbors for Internet Service Providers in Five FTAs
[Mike Palmedo] This is the second in a series of blogs comparing copyright and technology provisions in eight trade agreements: TPP, CPTPP, USMCA, CETA, RCEP, EU-Mercosur FTA, EU-Japan FTA and the China-Korea FTA. The previous post discussed provisions calling for copyright ‘balance’ and addressing the circumvention of technological protection measures. This one looks at the provisions requiring secondary liability for internet service providers (ISPs) and allowing-or-requiring safe harbors from such liability. Five of the above FTAs have these provisions. Click here for more.
New Analysis: NAFTA 2.0 (U.S.-Mexico-Canada Agreement) Pharmaceutical Related Patent Provisions
[Burcu Kilic] The revised North American Free trade Agreement (NAFTA 2.0), rebranded by the Trump Administration as the U.S.-Mexico-Canada Agreement or USMCA, was signed last Friday during the G20 summit in Argentina. NAFTA 2.0 is an updated version of the nearly 25-year-old NAFTA, with significant and harmful changes to the intellectual property (IP) provisions, which build on the harmful TRIPS-plus standards in other U.S. free trade agreements since NAFTA 1.0. Click here for more.
The Gap Between Artistic Practice and Copyright Rhetoric
[Jonathan Band] A recent article by Pulitzer Prize winning art critic Jerry Saltz demonstrates the gap between the artistic process and the rhetoric of copyright policy. In “How to be an Artist,” Saltz provides 33 lessons “to take you from clueless amateur to generational talent.” The lessons underscore the importance of imitation and non-financial incentives to a fulfilling creative life. Click here for more.
Towards WIPO Regional Seminars On Copyright Exceptions: Looking Out For Users
[Beatrice Marone] Twelve years after the first proposal on the topic, it’s time to speed up the discussion about the global copyright limitations and exceptions regime, advocates and officials said alongside negotiations at the World Intellectual Property Organization last week. And a key focus will be on regional meetings being planned by WIPO on the issue. Click here for the full story on IP Watch.
Health Groups Appeal European Patent Office Decision to Uphold Gilead’s Patent on Hepatitis C Drug
[Médecins Sans Frontières] Six organisations have just appealed the European Patent Office’s September decision to uphold US pharmaceutical corporation Gilead Science’s patent on the key hepatitis C drug sofosbuvir. The appeal – filed by Médecins du Monde (MdM), Médecins Sans Frontières (MSF), AIDES (France), Access to Medicines Ireland, Praksis (Greece) and Salud por Derecho (Spain)—states that the European Patent Office (EPO) should revoke Gilead’s patent because it does not meet the requirements to be a patentable invention from a legal or scientific perspective. Click here for more on msfaccess.org.
