Restore Balance, Protect Freedoms: Copyright Reforms in Mexico Need Rethinking
[International Federation of Library Associations] In early 2019, IFLA published a statement warning of the negative consequences of a proposed law in Mexico which would have obliged the removal of content from the internet, purely on the basis of an allegation of copyright infringement. Such a move would leave anyone wanting to share knowledge on the internet at risk of seeing their work made unavailable, without any need to offer proof. In bypassing the legal system, this would not only undermine the role of judges, but also severely weaken free expression, harming creators and readers alike. Unfortunately, in the middle of the COVID-19 pandemic, the proposal has reappeared and been voted through the parliament with very little scrutiny, in the context of moves to implement the US-Mexico-Canada Free Trade Agreement. Click here for more.
How Far Can Regulations Go? A South African Public Law Perspective on the Potential Response through Regulations to Legitimate and Genuine Issues in the Copyright Amendment Bill, B-13B of 2017
[Jonathan Klaaren] Abstract: This working paper addresses several issues in South African law relevant to determining whether and to what extent regulations may address genuine problems in the Copyright Amendment Bill (CAB). Regulations are of course not yet drafted for this Bill and the Bill remains a Bill and is not yet an Act. Indeed, as discussed further below, the Bill is currently under consideration in the Presidency as part of a section 79 process. This working paper addresses several issues in South African law relevant to determining whether and to what extent regulations may address genuine problems in the Copyright Amendment Bill [CAB]. Regulations are of course not yet drafted for this Bill and the Bill remains a Bill and is not yet an Act. Indeed, as discussed further below, the Bill is currently under consideration in Parliament as part of a section 79 process. In addition to its focus on the CAB, this paper identifies a set of emerging South African public law issues associated with similarly situated legislation. Click here for more.
The COVID-19 Vaccine Race: Intellectual Property, Collaboration(s), Nationalism and Misinformation
[Ana Santos Rutschman] Abstract: Vaccines have long played a crucial role in the prevention, mitigation and eradication of infectious diseases. More than any other recent outbreak, the COVID-19 pandemic has brought the phenomenon of the vaccine race to the forefront of personal, national and global preoccupations. This symposium contribution examines the early features and takeaways of the COVID-19 vaccine race in four parts. Click here for more.
MEP Pospíšil Asks Why the European Commission Intervened in the South African Copyright Amendment Bill
[Mike Palmedo] Last March, the European Commission sent a letter to the South African government warning that its proposed Copyright Amendments Bill carried a “significant legal uncertainty, with negative effects on the South African creative community in general and on foreign investment, including European investment.” In May, MEP Jiří Pospíšil asked who from the Commission sent the letter and why they did so. He noted that the Bill “was the result of a consultation involving representatives of all sectors of South African society, and it concluded that it was the best option available and that it was expected to bring positive effects for South African society.” He also asked which multinational companies the Commission had communicated with about the Bill. Click here for more.
Coronavirus Pandemic: The Vaccine as Exit Strategy – A Global Hurdle Race Against Time with a Split Jury
[Francisco Colman Sercovich] …The markets of the poorest countries, those most affected by prior pandemics thus far, are not profitable enough for wealthy countries-based multinationals to justify engaging in vaccine R&D. Beyond health-related imperatives, the large subsidies being swiftly granted by wealthy countries now in order to not just shorten schedules but also, perhaps for the most part, to ensure domestic production capacity and control of intellectual property rights, are a glaring recognition of the market failures involved and the ensuing need for public intervention — albeit often tinted by a narrow-minded nationalism. Click here for more.
Copyright Directive – Implementation – July News
[Natalia Mileszyk] Last month, we held the first edition of our Copyright Directive Webinars, aimed at explaining the different provisions of the new Copyright Directive and making suggestions on what to advocate for during the implementation process of those provisions at a national level, to expand and strengthen user rights. We’ve now released the presentations and video recordings of the webinars. As you know, many countries are now speeding up with the process of implementation of the Directive – you can find below a short summary of what’s going on. Click here for more.
