PIJIP Webinar: The Looming Threat of the Copyright Termination Provisions to the Old School Hip-Hop Music Catalog

[September 11, 2020 | 12:00pm EST] Professor Kevin J. Greene will discuss his new research on old school hip hop artists and the impact of the “formalistic and complex labyrinth” of U.S. copyright termination provisions on their work. In the context of his research, we will host a discussion of the proposal in the South Africa Copyright Amendment Bill to limit assignments of contract to 25 years. Click here for more.

PIJIP Webinar: Overview of the MedsPaL Database by Amina Maillard, Medicines Patent Pool 

[September 15, 2020 | 10am EST] MedsPaL is the Medicines Patent Pool’s patents and licenses database, a free resource provides information on the intellectual property status of selected patent essential medicines in low- and middle-income countries (LMICs). The database includes patent and licensing data covering over 8,500 national patent applications on 110 priority medicines (220 formulations) in more than 130 LMICs. In March 2020, it was expanded to provide patent information on treatments currently being tested for COVID-19. Click here for more.

Analysis of Special 301 Listings, 2009-2020

[Mike Palmedo] Abstract: Since its inception, the Special 301 Report has been an instrument used by the U.S. Trade Representative (USTR) to pressure foreign nations to change their laws at the behest of American business interests. Policies that allow countries to access lower-priced generic medicines feature prominently in USTR’s allegations of inadequate, ineffective protection of intellectual property. This working paper reviews trends in Special 301 listings over the past 12 years. Click here for more.

United States: An Obsolete Trade Practice Undermines Access to the Most Expensive Drugs at More Affordable Prices

[Maria Fabiana Jorge] Access to affordable drugs is a top policy priority for the United States with real bipartisan support but it increasingly seems to be an unreachable goal, in part, due to conflicting government policies. While the Administration’s Blueprint to Lower Drug Prices and Reduce Out-of-Pocket Costs highlighted the importance of competition to ensure lower drug prices, U.S. trade policy in general, and the Special 301 Annual Review in particular, do exactly the opposite: broaden and lengthen the monopolies granted to pharmaceutical companies thus delaying or deterring the launch of generic and biosimilar drugs and with that, the chances of lowering drug prices. Click here for more.

The Right to Process Data for Machine Learning Purposes in the EU

[Mauritz Kop] Abstract: Europe is now at a crucial juncture in deciding how to deploy data driven technologies in ways that encourage democracy, prosperity and the well-being of European citizens. Normative preferences about how related technology laws ought to be designed should define sustainable exponential innovation policy. These preferences are dynamic and contextual. The upcoming European Data Act provides a major window of opportunity to change the story. In this respect, it is key that the European Commission takes firm action, removes overbearing policy and regulatory obstacles, strenuously harmonizes relevant legislation and provides concrete incentives and mechanisms for access, sharing and re-use of data. The article argues that to ensure an efficiently functioning European data-driven economy, a new and as yet unused term must be introduced to the field of AI & law: the right to process data for machine learning purposes. Click here for more.

Creative Commons Is Now Leading the Open COVID Pledge—Here’s What That Means

[Diane Peters and Eric Steuer] We’re pleased to announce today that Creative Commons is taking on leadership and stewardship of the Open COVID Pledge. Earlier this year, CC joined forces with an international group of researchers, scientists, academics, and lawyers seeking to accelerate the development of diagnostics, vaccines, therapeutics, medical equipment, and software solutions that might be used to assist in the fight against COVID-19. The result was the Open COVID Pledge, a project that offers a simple way for universities, companies, and others to make their patents and copyrights available to the public to be utilized in the current public health crisis. Users of Creative Commons licenses will be familiar with the Open COVID Pledge’s approach. Like CC licenses, the Open COVID Pledge offers free, standard, public licenses that anyone can use to remove unnecessary obstacles to the dissemination of knowledge. Click here for more.

Treatment of the Novel COVID-19: Why Costa Rica’s Proposal for the Creation of a Global Pooling Mechanism Deserves Serious Consideration

[Muhammad Zaheer Abbas] Abstract: … On March 23, Costa Rica submitted a proposal to the Director-General of the World Health Organization for the creation of a global pooling mechanism in order to facilitate access to and use of intellectual property, trade-secret know-how, regulatory data, cell lines, product blueprints, and other proprietary data for technologies that are useful for the detection, prevention, control, and treatment of the COVID-19 pandemic. This study critically evaluates Costa Rica’s proposal and endeavors to briefly answer the following questions: Why Costa Rica’s proposal deserves serious consideration? To what extent this proposal addresses some of the key concerns related to the COVID-19? To what extent this proposal is practically feasible? Click here for more. 

Influence of Copyright Exceptions and Limitations on Access to Information in Kenya, Ghana and Uganda Libraries

[Magdaline Wanjiru Mungai, Selikem Sebuava Dorvlo, Asaph Nuwagirya, and Marlene Holmner] Abstract: Copyright exceptions promote access to information by users without breaching copyright. This research paper reviews copyright exceptions in Kenya, Ghana and Uganda and how they influence access to information in libraries. Objectives were to find out the implications of copyright exceptions in Kenya, Ghana and Uganda; advantages and disadvantages of copyright exceptions for libraries; and recommend best practices of copyright exceptions. Click here for more.

Long Live the Common Law of Copyright!: Georgia v. Public.Resource.Org., Inc. and the Debate over Judicial Role in Copyright

[Shyamkrishna Balganesh] Abstract: In Georgia v. Public.Resource.Org, Inc., the Supreme Court resurrected a nineteenth century copyright doctrine — the government edicts doctrine — and applied it to statutory annotations prepared by a legislative agency. While the substance of the decision has serious implications for due process and the rule of law, the Court’s treatment of the doctrine recognized an invigorated role for courts in the development of copyright law through the use of principled reasoning. Click here for more.