Author: REPOST

Letter to the Prime Minister of India from Organisations and Experts Working on Access to Healthcare and Medicines

[34 Civil society groups and individuals] … we are concerned with demands of the United States to do away with the price controls on medical devices as part of the ongoing negotiations on US India trade deal. We are also apprehensive of the US pressure on India, which has been exerted continuously and will surely intensify following the deal, for increased intellectual property (IP) protections through amendments to the IP Acts. In this regard, we note that the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, recently held a meeting with stakeholders to review India’s existing IP Acts. During the meeting participants from law firms representing their foreign multinational pharmaceutical companies have insisted on removing public interest safeguards in the Patents Act such as provisions restricting the scope of patentability, local working as a ground for granting of a compulsory license, pre-grant oppositions etc.

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Policy Incoherence for Stagnation: How Richer Countries’ Position at WIPO Contradicts their Commitments to the Rest of the World

[International Federation of Library Associations] … The European External Action Service runs many projects on education, culture and research. Yet in its position at WIPO, it works against these goals. For a start, blocking progress towards an international instrument removes a key impetus to carry out reforms that would allow key actors in culture, education and research to do their jobs in a digital age.

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WIPO: Request for Comments on the Impact of Artificial Intelligence on IP

[World Intellectual Property Organization] WIPO is seeking to develop, through an open process, a list of issues concerning the impact of artificial intelligence (Al) on intellectual property (IP) policy that might form the basis of future structured discussions. Member states and all other interested parties are invited to provide comments and suggestions on the draft issues paper. Comments are welcome on any aspect of the IP system that is impacted by AI.

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Article 17: Both French and Dutch Implementation Proposals Lack Key User Rights Safeguards

[Communia Association] As of January 2020 there are two Member States that have published legislative proposals for the implementation of Article 17 CDSM… These first implementation proposals are coming from a main proponent of Article 17 (France) and one of the most vocal opponents (Netherlands), and allow us to get a first impression of how Member States across the EU are likely going to deal with this controversial article. Irrespective of the different positions by France and the Netherlands during the directive negotiations, the implementation proposed by both Member States do not diverge much from each other.

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U.S. Appellate Court Enforces CC’s Interpretation of NonCommercial

[Diane Peters] The U.S. Court of Appeals for the 9th Circuit reaffirmed Creative Commons’ interpretation of activities that are permissible under the NonCommercial (NC) licenses, which allow bona fide noncommercial reusers to hire out the making of copies of NC-licensed content, even to profit-making businesses such as Office Depot and FedEx Office.

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Article 17 Stakeholder Dialogue (Day 4): It’s All About Transparency

[Paul Keller] The fourth meeting of the Article 17 stakeholder dialogue took place in the last week before the holiday break. Just like the third meeting, this meeting was dedicated to (more or less) technical presentations on content management technologies and existing licensing practices. In total there were 12 presentations from platforms (Facebook, Seznam, Wattpad), providers of content management tools (Audible Magic, Ardito, Fifthfreedom, Smart protection), rightholders (GESAC, Universal Music Publishing, Bundesliga) as well as by BEUC and the Lumen database.

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Time for Copyright Laws in Africa to Change

[Electronic Information for Libraries] On 12-13 June 2019, heads of copyright offices from more than 40 African states met in Nairobi, Kenya, to discuss copyright limitations and exceptions for libraries, archives, and education in the African region… The clear consensus that emerged from the two-day seminar was a recognition that copyright exceptions in Africa are wholly inadequate, especially for online uses, and that there is a real need for reform.

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Implementing the Copyright Directive: Protecting the Public Domain with Article 14

[Paul Keller] Article 14 – Works of visual art in the public domain – is one of the very few unambiguously good provisions of the new EU copyright directive. The article is intended to ensure that (digital) reproductions of public domain works cannot be protected by exclusive rights, and as a result, taken out of the public domain. This legislative intervention comes in response to the relatively widespread practice of museums in claiming exclusive rights of digital reproductions of public domain works that they have in their collections and which they make available to the public.

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Global Access to Insulin: Understanding the Barriers

WEBCAST: Despite the fact that insulin has been used for nearly 100 years, an estimated 1 in 2 people who need it cannot afford and/or access this much-needed medicine. Various factors can affect access to insulin, including issues at both national and global levels. Building on previous studies focused at country-level, Health Action International’s (HAI) Addressing the Challenge and Constraints of Insulin Sources and Supply (ACCISS) Study has been working to identify and address the inequities and inefficiencies in the global insulin market. Marg Ewen and Molly Lepeska will present the main research findings of this multi-year study, including issues related to global market structure, intellectual property, trade, prices, taxes and tariffs.

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Statement of the South African Youth Council on the Copyright Amendment Bill

[South African Youth Council] … It is time we protect our future by ensuring that where educational literature and or material is concerned no archaic pieces of legislation should be an impediment for the acquisition of knowledge. In the same breath we must ensure that our heritage, the works of our forebears, are given the necessary stature and protection. This can only happen if President Cyril Ramaphosa assents to the Copy Rights Amendment Bill.

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Over 60 Health Organisations Demand ARIPO Reform to Increase Access to More Affordable Medicines in Eastern & Southern Africa

[KLIEN and Health GAP] More than 60 health organisations are calling for rapid reform of the Harare Protocol of the African Regional Intellectual Property Organization (ARIPO) in order to protect public health across its 18 Eastern and Southern African member states. Representing people living with cancer, tuberculosis, HIV, and many other diseases and conditions—the organisations are demanding that ARIPO takes urgent steps to amend the Harare Protocol and introduce public health safeguards that will significantly improve access to medicines in the region.

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WHO: Countries Raise Concerns about Access to Affordable Drug-Resistant TB Treatment

[Third World Network] Member states participating in the 72nd World Health Assembly (WHA) renewed their commitment to end tuberculosis (TB) while expressing serious concerns about drug-resistant TB (DR-TB), the treatment of which is presently costly and beyond the reach of many national TB programmes… Bedaquiline and delamanid are extensively patented in countries with a high TB burden such as China, India, Indonesia etc, blocking entry of generic competition and more affordable sources of the treatment. Members states and civil society interventions during the WHA reflected the challenges they face in this regard

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South Africa’s Copyright Amendment Bill: Its Genesis and Passage through Parliament

[Denise Rosemary Nicholson] The reform of copyright law in South Africa, particularly for the library and educational sectors, has been a long and bumpy road since 1998. Our copyright law is 41 years old – and broken! The exceptions for education, research, and libraries and archives have not been amended since 1978. The Act has no provisions for people with disabilities, nor provisions for galleries and museums. Being so old, it obviously does not address the digital world. “Fair dealing” in Section 12 of the Act is outdated, limited and not ‘future-proof’.

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UNESCO OER Recommendation: One Step Closer to Adoption

[Cable Green] On May 28, 2019, UNESCO member state representatives took an important step for open education by adopting the 2019 UNESCO OER Recommendation, providing unanimous approval to bring it to the next General Assembly. UNESCO has a strong history in open education, having coined the term OER in 2002, passed the 2012 Paris OER Declaration, and co-hosted (with Slovenia) the 2017 OER Global Congress.

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A Solid Start: Asia-Pacific Government Representatives Stress Need for International Action for Libraries at Singapore Workshop

[International Federation of Library Associations] The first of three WIPO regional workshops focusing on the copyright needs of libraries, as well as archives, museums, education and research, took place in Singapore on 29-30 April. The meeting saw broad consensus that business-as-usual was not an option, and international action was necessary.

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Tuberculosis Innovation Approaches in South Africa and Strategies to Secure Public Returns

[Fix the Patent Laws] Today, Fix the Patent Laws is launching a report of findings from an analysis of tuberculosis research and development (R&D) underway in South Africa. The analysis was conducted to gain greater insight into the TB innovation landscape in South Africa, the role of public financing in driving and supporting innovation, as well as expectations of public returns (I.e. affordable, user friendly health technologies) from R&D efforts and expenditure, and strategies employed to promote public returns. The analysis also sought to gain greater insight into opportunities and challenges to employing alternative innovation models in South Africa that do not result in access inhibiting patent monopolies.

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“Let’s Spark a Global Dscussion on Copyright Exceptions for Education and Research!

[David Edwards] Today it’s World Intellectual Property Day – a good day to remind us that it’s time to reform copyright law. We need action to change copyright systems that are hindering free expression and failing to promote diverse and prosperous societies for the benefit of all. Copyright legislation has a major impact on daily teaching and learning activities at all levels of education – from early childhood to higher education.

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Joint Civil Society Letter to the President of South Africa on the Copyright Amendment Bill

[ReCreate South Africa] We welcome the passing of the Copyright Amendment Bill by both the National Assembly and the National Council of the Provinces and encourage you to sign the Bill into law without delay. The Bill has undergone a lengthy consultative process at the various stages and is a good reflection of a transformative vision for a more equal and just society. The Bill also brings South African legislation in line with international treaties.

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