InfoJustice Roundup – January 28, 2019
The Rights of Creators in Singapore and South Africa
[Sean Flynn] Singapore recently released its long awaited report on copyright reform. As expected, the report proposes to eliminate the fifth factor of its fair use test – which requires examination of whether a license is available for the activity in question. The proposed reforms go much further, echoing many of the policies and approaches of South Africa’s Copyright Amendment Bill in focusing on the rights of individual creators at the center of the reform. Click here for more.
Joint Letter from 71 Civil Society Groups to Congress on NAFTA 2.0 and Medicine Prices
The undersigned organizations representing healthcare providers, patients, public health experts, workers, people of faith, and consumers are committed to advancing public health and promoting access to affordable medicines. Access to affordable healthcare and medicines is one of few demands that now unites the American public. We write to you today with concern that provisions currently included in the proposed NAFTA 2.0 (referred to by the Trump administration as the United States-Mexico-Canada Agreement) would entrench and expand prescription drug monopoly protections, thwart competition and thus undermine efforts to expand access to affordable medicines. Click here for more.
Open Access Advocates See End of US Copyright Term Extension Act as Win for Commons
[David Branigan] Open access advocates in the United States are celebrating the expiration, and non-renewal, of the Copyright Term Extension Act, which introduces into the public domain all works from 1923, and signals an end of the practice by US lawmakers to continually extend the terms of copyright protection. Leading figures from groups such as Creative Commons and Wikimedia Foundation gathered to discuss why this shift in policy took place, and what it means for the public domain. They asserted that this change is the result of a general acceptance of the value of “the commons,” brought on in part by the era of the internet. Click here for more.
Will the Amendment to the TRIPS Agreement Enhance Access to Medicines?
[Carlos M. Correa] Abstract: An amendment to the TRIPS Agreement by incorporation of the text of the decision of the WTO General Council on 30 August 2003 (as article 31bis) has been made in response to the problem identified in paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. This paragraph sought a solution to situations where patented pharmaceuticals which are not available in a country with no or insufficient manufacturing capacity can be supplied by a foreign provider. As originally adopted, the TRIPS Agreement did not allow the grant of compulsory licenses for exports only, thereby preventing generic manufacturers from exporting the required products to countries unable to produce them. While the new article 31bis is a step forward as it reflects public health concerns, it would be necessary to streamline the procedures to effectively ensure broader access to pharmaceutical products at low cost and in a timely manner. Click here for the full policy bref on southcentre.int.
Open Science on the Move in Serbia
[Milica Sevkusic] In July 2018, the Ministry of Education, Science and Technological Development (MESTD) of the Republic of Serbia adopted a national open science policy. As the MESTD is the main national funder of research in Serbia, this policy, titled the Open Science Platform, serves as the national open science policy. The MESTD policy mandates deposits of all publicly-funded research in open access (OA) repositories, and recommends OA to research data. It also states that research institutions should adopt institutional open science policies within six months of the launch of the policy, using the national policy as a framework – and thus ensuring implementation of the national policy at the institutional level. Click here for more.
Resale of Digital Works Under Copyright Laws: A Legal and Economic Analysis
[Muhammad Masum Billah] … The doctrine is part of the balance copyright law strikes between the interests of copyright holders and those of purchasers of the copies. While the right still exists in law, in most digital works copyright holders and their distributors deprive purchasers of this right through digital right management (DRM) technologies and contractual terms. By establishing the continued justifications of this right in the context of digital works, the paper argues for its preservation and recommends for necessary legislative changes to guarantee the application of the first sale doctrine to digital works. Click here for more.
Please Help Us Find the Next Great PIJIP Program Coordinator!
[PIJIP] The positon is an entry level position at PIJIP appropriate for an early career professional who wants to get to the know the IP and Tech communities in Washington by planning events and meetings at AUWCL. Salary will be based on experience and at least $45k per year plus excellent benefits including use of all university facilities, choice of health plans, and a fully vested retirement plan with a 2 to 1 match. After 6 months you obtain tuition benefits and can pursue any degree at AU tuition free – including our LLM in IP or any masters or PhD programs on main campus. We are looking for a great organizer with a passion for tech and IP law and policy and strong justice values. Click here for more.
