Category: Fair Use

Artificial Intelligence and Intellectual Property Law – Position Statement of the Max Planck Institute for Innovation and Competition of 9 April 2021 on the Current Debate

by InfoJustice Eds. | Apr 20, 2021 | Academic Resources, AI

[Josef Drexl, Reto Hilty Luc Desaunettes-Barbero, Jure Globocnik, Begoña Gonzalez Otero, Jörg Hoffmann, Daria Kim, Shraddha Kulhari, Heiko Richter, Stefan Scheuerer, Peter R. Slowinski, and Klaus Wiedemann] Abstract: This Position Statement presents a broad overview of issues arising at the intersection of AI and IP law based on the work of the Max Planck Institute for Innovation and Competition research group on Regulation of the Digital Economy. While the analysis is approached mainly from a perspective de lege lata, it also identifies questions which require further reflection de lege ferenda supported by in-depth interdisciplinary research. The scope is confined to substantive European IP law, in particular, as regards copyright, patents, designs, databases and trade secrets.

175 Former Heads of State and Nobel Laureates Call on President Biden To Waive Intellectual Property Rules for COVID Vaccines

by InfoJustice Eds. | Apr 19, 2021 | Access to Medicine, Coronavirus

We the undersigned former Heads of State and Government and Nobel Laureates are gravely concerned by the very slow progress in scaling up global COVID-19 vaccine access and inoculation in low- and middle-income countries… But we are encouraged by news that your Administration is considering a temporary waiver of World Trade Organization (WTO) intellectual property rules during the COVID-19 pandemic, as proposed by South Africa and India, and supported by more than 100 WTO member states and numerous health experts worldwide. A WTO waiver is a vital and necessary step to bringing an end to this pandemic. It must be combined with ensuring vaccine know-how and technology is shared openly. This can be achieved through the World Health Organization COVID-19 Technology Access Pool, as your Chief Medical Advisor, Dr. Anthony Fauci, has called for. This will save lives and advance us towards global herd immunity.

Misappropriation of Genetic Resources and Associated Traditional Knowledge: Challenges Posed by Intellectual Property and Genetic Sequence Information

by South Centre | Apr 16, 2021 | Academic Resources

[Nirmalya Syam and Thamara Romero] Improper acquisition of genetic resources (GRs) and associated traditional knowledge (TK) without prior informed consent and on mutually agreed terms, in accordance with national laws of the country providing the GR and associated TK, as well as without any fair and equitable sharing of the benefits derived from their utilization, has been a significant concern for developing countries. Intellectual property (IP) rights can serve as one of the means of such misappropriation.

IFLA submits comments on Canada, Singapore copyright reforms

by InfoJustice Eds. | Apr 16, 2021 | Domestic Legislation

[International Federation of Library Assocaitions] IFLA has contributed to consultations on reforms to copyright laws in Canada and Singapore, making recommendations designed to give the best possible opportunities for libraries and their users to access and use information. In addition to its work at the World Intellectual Property Organization, IFLA has a strong focus on supporting copyright reforms at the national level that libraries to fulfil their missions. Through sharing good practices from other countries, we aim to increase the possibilities for libraries to carry out key activities in support of preservation, research, education and cultural participation.

TRIPS Meets Big Data

by Papers | Apr 12, 2021 | Academic Resources, AI, Multilateral Fora

[Daniel J. Gervais] Abstract: The WTO has begun its work on the interface between Big Data and trade law, including the TRIPS Agreement. After defining Big Data, this paper explores how TRIPS and especially the copyright section might apply. It also discusses briefly the EU database right and then considers how an exception for Text and Data Mining (TDM) might be analyzed under TRIPS and the three-step test.

Jorge Contreras Dicsusses the Open Covid Pledge on NPR’s “Academic Minute”

by PIJIP | Apr 12, 2021 | Coronavirus, Open, Patent Pledges

On April 7, Jorge Contreras was featured on NPR’s “Academic Minute” podcast to discuss the Open Covid Pledge. Excerpt: “In early March 2020, along with news reports about the rapid spread of COVID-19 and its serious health effects, stories began to emerge that patents could hinder vaccine and drug research, as well as the manufacture and supply of products necessary to contain the pandemic and treat those with the disease.”

The Temporary WTO Waiver to Fight COVID Must Include Copyright

by Sean Flynn | Apr 10, 2021 | Academic Resources, AI, Coronavirus, Multilateral Fora

[Sean Flynn] Over 250 organizations, prominent researchers, and experts support South Africa and India’s recent proposal to temporarily waive World Trade Organization (WTO) rules on intellectual property — including copyright — for the “prevention, containment and treatment of COVID-19.”… Most of the public debate on the proposal focuses on patent barriers to the production of generic versions of vaccines. Some commenters have proposed a way forward by dropping the non-patent issues. Research by the Program on Information Justice and Intellectual Property (PIJIP) helps demonstrate why the inclusion of copyright in the waiver is needed. One reason the existing TRIPS “flexibilities” for countries to issue compulsory licensing for patents is not adequate to scale up vaccine and treatment production around the world is that patents are not the only barrier. Access to industrial designs, undisclosed information and, yes, copyright is also often necessary.

Resolution supporting the TRIPS waiver proposal introduced in the Korean National Assembly

by Heesob Nam | Apr 10, 2021 | Coronavirus, Domestic Legislation

[Heesob Nam] Knowledge Commune, in collaboration with the Justice Party, successfully mobilized the members of the National Assembly of the Republic of Korea to introduce this resolution… Recognizing that in this hyper connected global community COVID-19 pandemic can only be put an end by vaccination in every country, not in certain countries; Confirming that addressing of vaccine inequality is the key for ending COVID-19 pandemic; Recognizing that high income countries acquired two-thirds of the vaccine supply, accelerating vaccine inequality, and if this continues we have to wait until 2022 for herd immunity in low- and middle- income countries, which is estimated to produce an economic loss of UDS 9.2 trillion globally; Click here for more.

Compulsory license in Germany: Analysis of a landmark judicial decision

by South Centre | Apr 9, 2021 | Access to Medicine, Domestic Policies

[Christoph Spennemann and Clara Warriner] This policy brief analyzes how the German Federal Court of Justice addressed compulsory licensing under German patent law, where the request for a compulsory license was used in preliminary proceedings as a defense against alleged patent infringement.

Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?

by Papers | Mar 30, 2021 | Domestic Policies, Fair Use, User Rights Network

[Ariel Katz] Abstract: According to conventional wisdom, a fundamental difference exists between the American fair use doctrine and the Canadian fair dealing doctrine (or that of other Commonwealth countries): while American fair use can apply potentially to any purpose, fair dealing could only apply to the explicit purposes enumerated in the statute. Accordingly, the argument goes, fair dealing cannot apply to dealings for unenumerated purposes no matter how fair they might be. This conventional wisdom is false.

Call for Research Proposals

by PIJIP | Mar 29, 2021 | Academic Resources, AI, Coronavirus, Domestic Policies, Empirical Research, IP & Research, User Rights Network

The Academic Network on the Right to Research in International Copyright is calling for research relevant to the development of global norms on copyright policy in its application to research. Text and data mining research, for example, is contributing insights to respond to urgent social problems, from combatting COVID to monitoring hate speech and disinformation on social media. Other technologies make it possible to access the materials of libraries, archives and museums from afar – an especially necessary activity during the COVID pandemic. But these and other research activities may require reproduction and sharing of copyright protected works, including across borders. There is a lack of global norms for such activities, which may contribute to uncertainty and apprehension, inhibiting research projects and collaborations. We seek to partner with researchers interested in exploring the means and ends of recognizing a “right to research” in international copyright law. In our initial conception, there are at least three overlapping dimensions to the concept.

COVID-19 as an Example of Why Genomic Sequence Data Should Remain Patent Ineligible

by Jorge Contreras | Mar 24, 2021 | Access to Medicine, Coronavirus

[Jorge Contreras] The researchers who determined the genomic sequence of the SARS-CoV-2 virus did not seek to patent it, but instead released it in the publicly-accessible GenBank data repository. Their release of this critical data enabled the scientific community to mobilize rapidly and conduct research on a range of diagnostic, vaccine, and therapeutic applications based on the viral RNA sequence. Had the researchers sought patent protection for their discovery, as earlier research teams had during the SARS, H1N1 and H5N1 outbreaks, global research relating to COVID-19 would have been less efficient and more costly.

More Talk, No Action: Australia’s Approach to Trade Rules Restraining Vaccine Production

by InfoJustice Eds. | Mar 24, 2021 | Access to Medicine, Coronavirus, Multilateral Fora

[Deborah Gleeson] …Australia has gifted 8,000 doses to Papua New Guinea, and vowed to help the nation of almost 9 million secure 1 million more. Earlier this month Australia agreed to work with the US, India and Japan to provide 1 billion vaccines to poorer countries in the Asia-Pacific. It is also supporting COVAX, the global program aiming to buy and distribute 2 billion COVID-19 vaccine doses to developing nations by the end of 2021. But all this could be negated through Australia’s potential spoiling role (with a handful of other countries) against a proposal supported by 118 countries to ramp up vaccine production by relaxing the trade rules governing intellectual property.

Letter from 20 Civil Society Groups to USTR Promoting a Balanced Copyright Policy to Benefit All Americans

by PIJIP | Mar 23, 2021 | IP and Human Rights, Limitations and Exceptions, User Rights Network

[Joint letter signed by 20 civil society groups] Dear Ambassador Tai: Congratulations on your confirmation as United States Trade Representative. We write to request that the Biden-Harris Administration return to the Obama-Biden Administration policy of protecting and promoting fair use rights in international copyright policy. The Trump Administration abandoned this policy, and took the contrary position of pressuring countries such as South Africa to abandon fair use proposals. The undersigned organizations, representing consumers, librarians, archivists, educators, and creators, urge this Administration to once again prioritize fair use as an engine of equity. In particular, the United States should praise, not punish, other countries that seek to incorporate fair use in their national copyright laws.

International Research Organizations Support WTO TRIPS Waiver for COVID-19

by PIJIP | Mar 21, 2021 | Coronavirus, Events, IP & Research, IP and Human Rights, Multilateral Fora

Over 250 organizations and prominent researchers and experts, representing millions of researchers, educators, libraries, and support organizations globally, call for reduction of copyright barriers to COVID-19 prevention, containment and treatment. Their statement, released today, calls particular attention to the need to include copyright rules within the waiver. Supporters of the Statement are holding an online public event and press conference Monday March 22, 9am EDT / 1pm UTC.

Communia Supports the WTO TRIPS Waiver for COVID-19

by InfoJustice Eds. | Mar 21, 2021 | Coronavirus, Multilateral Fora

[Teresa Nobre] Today, Communia and a group of over 100 organisations and more than 150 individuals issued a statement calling for the World Trade Organization (WTO) to temporarily suspend its rules on intellectual property where needed to support the prevention, containment and treatment of COVID-19. This diverse group representing researchers, educators, students, information users, and the institutions that support them, urges all WTO Members to endorse the TRIPS waiver proposal presented by India and South Africa, including provisions that address “the copyright barriers to the prevention, containment and treatment of COVID-19”.

Vaccine nationalism and crisis profiteering: Unions take action

by InfoJustice Eds. | Mar 19, 2021 | Access to Medicine, Coronavirus, Multilateral Fora

[Education International] Just 10 countries, some of the richest in the world, have administered 75% of vaccinations. Meanwhile, around 130 countries that account for 2.5 billion people have not administered a single dose. This is not an issue on which we can afford to be passive. The only solution to a global pandemic is global solidarity,” stated David Edwards, Education International General Secretary, opening EI’s webinar on vaccine equity…Education International and its member organisations fully support the TRIPS waiver proposal and will continue to push, at both national and international levels, for equitable access to lifesaving vaccines and medical products. Click here for more information on the TRIPS waiver proposal. Click here for more.

Ensuring the Visibility and Accessibility of European Creative Content on the World Market: The Need for Copyright Data Improvement in the Light of New Technologies

by InfoJustice Eds. | Mar 15, 2021 | AI, Regional Fora, User Rights Network

[Martin Senftleben, Thomas Margoni, Daniel Antal, Balázs Bodó, Stef van Gompel, Christian Handke, Martin Kretschmer, Joost Poort, João Quintais and Sebastian Felix Schwemer] Abstract: In the European Strategy for Data, the European Commission highlighted the EU’s ambition to acquire a leading role in the data economy. At the same time, the Commission conceded that the EU would have to increase its pools of quality data available for use and re-use. In the creative industries, this need for enhanced data quality and interoperability is particularly strong. Without data improvement, unprecedented opportunities for monetising the wide variety of EU creative and making this content available for new technologies, such as artificial intelligence training systems, will most probably be lost.

Competition Regulation in Healthcare in South Africa

by ReCreate South Africa | Mar 12, 2021 | Access to Medicine

[Hardin Ratshisusu] South Africa’s nascent competition regulatory regime is coming of age and has potential to address historical market concentration challenges previously enabled by the apartheid regime, prior to its dismantling in the 1990s. Many sectors of the economy are highly concentrated, including the private healthcare sector, with market outcomes that breed market failures, lack of competitiveness and high cost of care. Looking through competition in the healthcare sector it becomes evident that the market structure challenges do not only require domestic interventions, but also a global response to address some policy and regulatory gaps.

Sign-On STATEMENT TO WTO In Support of TRIPS WAIVER: Copyright Barriers Prevent an Equitable Response to COVID-19

by Mike Palmedo | Mar 11, 2021 | Access to Medicine, Coronavirus, IP & Research, IP and Human Rights, Multilateral Fora, User Rights Network

A group of 27 civil society organizations has drafted a statement to the World Trade Organization (WTO) highlighting the need to overcome copyright barriers to ensure an equitable response to COVID-19. The statement is open for endorsements from both organizations and from individuals until March 18. It will be formally submitted to the WTO on March 22.

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