Supreme Court Rules Annotated State Legal Codes Cannot Be Copyrighted
[Mike Palmedo] The Supreme Court has ruled 5-4 that copyright protection does not apply to annotations in state’s annotated legal code. The ruling in Georgia v. Public Resource.Org affects 23 states, two territories and Washington, D.C. PIJIP Professor Peter Jaszi commented that “This is the beginning of the end of a long journey toward opening all judicial and legislative materials to the public – the modern stage of which began more than thirty-five years ago in the West Publishing cases. The struggle to open governmental information at every level of the administrative state continues.” Click here for more.
South Centre Reserach Paper No. 107: Guide for the Granting of Compulsory Licenses and Government Use of Pharmaceutical Patents
[Carlos M. Correa] Like other rights, patent rights are not absolute. There are situations in which their exercise can be limited to protect public interests. Such situations may arise, for instance, when access to needed pharmaceutical products must be ensured. Compulsory licenses and government use for non-commercial purposes are tools, provided for under most laws worldwide, that can specifically be used to address public health needs. This document is intended to provide legal guidance for the effective use of such tools, consistently with the international law. Click here for more.
Pharmaceutical Monopolies, Hostility to Global Cooperation, Limited Production Threaten Coronavirus Response
[Public Citizen] Open science, ramped-up manufacturing, fair pricing and sharing of technology, among other actions, are urgently needed to reduce loss of life during the coronavirus (COVID-19) pandemic, 254 groups including Public Citizen said today. The groups released a list of principles calling for action from governments, international agencies, manufacturers, donors and development partners. Click here for more.
Federal Court of Appeal Deals Access Copyright Huge Blow As It Overturns York University Copyright Decision
[Michael Geist] The Federal Court of Appeal delivered its long-awaited decision the York University v. Access Copyright case yesterday, setting aside the lower court ruling that I had described as “a complete victory” for Access Copyright. The latest ruling will not leave York University and the education community completely happy given the court’s fair dealing analysis, but winning on the mandatory tariff issue removes both the threat of mandated payments to Access Copyright as well as the possibility of a copyright infringement lawsuit by the copyright collective. That represents an enormous win both for York and for a fair approach to copyright licensing that ensures users have licensing choice. Click here for more.
Intellectual Property Rights and Innovation in the Time of the Coronavirus Epidemic
[Krishna Ravi Srinivas] Abstract: The HIV/AIDS crisis showed that the traditional IP rules and models of innovation do not assure affordable access. This resulted in some changes in IP rules and the recognition that IP and trade rules should not become major constraints for affordable access. The current crisis provides an opportunity to revisit and learn from the earlier one. This calls for a rethink of role of IP and its use as an incentive. The Business As Usual approach will not work. The current crisis should be seen as an opportunity to review and rethink and to give new models and approaches a chance. Click here for more.
See also: Krishna Ravi Srinivas. Science, Technology and Innovation and the Challenge of Epidemic. Link.
World IP Day: Safeguard Our Cultural Heritage
[Electronic Information for Libraries] On the occasion of World Intellectual Property Day 2020, EIFL worked with leading global cultural heritage organizations in drafting an open letter calling on the World Intellectual Property Organization (WIPO) to take urgent action to help save our cultural heritage. The theme of World IP Day 2020 is ‘Innovate for a Green Future’. This is a welcome goal, but we must not forget the threat to the world’s cultural heritage posed by the disastrous effects of climate change, and aggravated by the lack of appropriate copyright legislation supporting the institutions that preserve our common knowledge and heritage. Click here for more.
