[Drugs for Neglected Diseases press release, Link (CC-BY-NC-SA)] Malaysia has issued a “government use” licence enabling access to more affordable versions of an expensive and patented medicine to treat hepatitis C. This landmark decision should help the more than 400,000 people living with hepatitis C in Malaysia access sofosbuvir, and could have important repercussions in the global effort to secure access to expensive treatments for this viral disease.
[Fifa Rahman for IP-Watch, Link (CC-BY-SA)] Gilead’s announcement today that they would include four middle-income countries (Malaysia, Thailand, Belarus, Ukraine) in their sofosbuvir voluntary licence was a welcome surprise, and will enable millions access to their highly effective, but exorbitantly priced, drug.
The decision to include these countries, however, no doubt is a response to increasing pressure from within these countries to either issue a compulsory licence (CL) or a government use licence (GUL), invalidate the sofosbuvir patents, or block data exclusivity for the drug.
[Mark Schweizer for IP Kat, Link (CC-BY)] According to its media release of 11 July 2017, the German Federal Court of Justice confirmed the decision of the Federal Patent Court granting Merck a compulsory license to EP 1 422 218 owned by Shionogi. This allows Merck the continued distribution of its antiretroviral drug Isentress, an approved medication for treatment of HIV-patients, on the German market.
The case is highly unusual not only because compulsory licenses are exceptionally rarely granted under German law, but also because the license was granted in preliminary proceedings, which is a first.
[Creative Commons blog, Link (CC-BY)] Below is an update from Creative Commons Indonesia, who recently worked with their national copyright office on proposed changes to law that will secure the ability of creators to use CC and other open licenses there.
In late 2014, Indonesia amended its copyright law to add several new provisions, including changes having to do with database rights, addressing copyright as an object in a collateral agreement, and making license recordation mandatory. The latter is something that could potentially be an issue with regard to the operation of Creative Commons licenses, as well as other open license in Indonesia.
[Timothy Vollmer, Creative Commons, Link (CC-BY)] The vision of the Creative Commons project is universal access to research and education, and full participation in culture to drive a new era of development, growth, and productivity. Collaboration, sharing, and co-operation are in our nature — building community, co-operating towards common goods, and creating shared benefits are at the heart of who we are. But we know there’s a lot of failed sharing too, including missed opportunities, openwashing, and legal loopholes that permit individuals to take advantage of those who wish to share.
Today the Electronic Frontier Foundation is launching Reclaim Invention, a project that calls for reforms to the sharing of technologies developed within universities. The first step in the project is to get universities to stop selling inventions to patent trolls.
[House Ways and Means Committee Democrats, Link] A group of 15 House Democrats today sent a letter to U.S. Trade Representative (USTR) Michael Froman urging the Administration to clarify its position on compulsory licensing for generic medicines in Colombia.
The letter was led by Ways and Means Committee Ranking Member Sander Levin (D-MI), and also signed by Reps. Jim McGovern (D-MA), Jim McDermott (D-WA), Jan Schakowsky (D-IL), Eddie Bernice Johnson (D-TX), Peter Welch (D-VT), Rosa DeLauro (D-CT), John Lewis (D-GA), Barbara Lee (D-CA), Chris Van Hollen (D-MD), Peter DeFazio (D-OR), Lloyd Doggett (D-TX), David E. Price (D-NC), Carolyn B. Maloney (D-NY), and Sam Farr (D-CA).
[Joint Letter Signed by 122 Experts – PDF in English and Spanish, with Signatures] Dear President Santos: We are lawyers, academics and other experts specializing in fields including intellectual property, trade and health, writing to affirm that international law and policy support Colombia´s right to issue compulsory licenses on patents in order to promote public interests including access to affordable medicines.
Dear Mr. Bhanu Pratap Sharma, Chairman.
We would like to transmit to you and all assistants our best wishes for the success of this session, where governments, intergovernmental bodies and non-state actors are trying to get one step closer on mechanisms that will address the well known inefficiencies of the R&D model based on monopoly prices, inefficiencies that have caused innumerable harmful effects on people’s health and well-being.
But we need to put under your consideration, and the consideration of delegates and assistants, a special situation we are currently facing that reflects both the urgency and the interests that are preventing nations from reaching a global solution promptly.
[Cable Green, Link (CC-BY)] Creative Commons (CC) believes publicly funded education, research and data resources should be shared in the global commons. The public should have access to what it paid for, and should not be required to pay twice (or more) to access, use, and remix publicly funded resources.
This is why we are pleased to announce that the U.S. Department of Labor (DOL) has adopted a department-wide Creative Commons Attribution (CC BY) license requirement on intellectual property developed under a competitive Federal award process.
Jahan ‘Harry’ Taubman-Rezakhanlou for Intellectual Property Watch
More than 50 members of the United States Congress today sent a letter urging the US Department of Health and Human Services (HHS) and National Institutes of Health (NIH) to exercise their legal authority to require medical patents that have emerged from government-funded medical research projects to be licensed on reasonable and affordable terms for public use.
[Originally posted on the Communia Blog, Link] The Creative Commons Summit, a bi-annual meeting of members of the CC network and friends of the Commons, took place in mid-October in Seoul, South Korea. One of the event’s tracks was devoted to copyright reform advocacy. The track was organised by member organisations of Communia, including Creative Commons.
In 2013, during the previous CC Summit, Creative Commons adopted a position on copyright reform. CC re-emphasized that even though the licenses are an essential mechanism to share creativity within the existing bounds of the law, it is now more important than ever to engage in a review and modernisation of copyright law itself. This commitment was confirmed during this year event.
Abstract: This paper investigates whether compulsory licensing – which allows governments to license patents without the consent of patent-owners – discourages invention. Our analysis exploits new historical data on German patents to examine the effects of compulsory licensing under the US Trading-with-the-Enemy Act on invention in Germany. We find that compulsory licensing was associated with a 28 percent increase in invention. Historical evidence indicates that, as a result of war-related demands, fields with licensing were negatively selected, so OLS estimates may underestimate the positive effects of compulsory licensing on future inventions.