Putting Pledged IP to Work – Identifying IP Available Under the Open Covid Pledge
[Jorge Contreras] Today, the Open COVID Pledge launched a new feature highlighting some of the valuable intellectual property (IP) that organizations around the world have committed to the fight against Covid-19. Pledged IP covers a broad range of equipment, software, network and device applications useful in healthcare, containment, tracking, diagnostics, emergency response and social distancing. It includes 3D-printed respirators, touch screens that use ultraviolet light to prevent the spread of infection, a Wi-Fi enabled floating hospital, methods for designing grocery stores to ensure social distancing, a low-cost, single-use ventilator, software for accelerating disease diagnosis, algorithms for routing emergency vehicles through traffic, a drive-up booth for Covid-19 testing, and much more. The Open COVID Pledge offers a platform that enables holders of patents and copyrights to commit these assets to the fight against Covid-19 on a royalty-free basis. Click here for more.
Copyright Exceptions Across Borders: Implementing the Marrakesh Treaty
[Laurence R. Helfer, Molly K. Land, and Ruth L. Okediji] Abstract: This article reviews state ratification and implementation of the Marrakesh Treaty since its conclusion in 2013. We find that most states have adhered closely to the Treaty’s text, thus creating a de facto global template of exceptions and limitations that has increasingly enabled individuals with print disabilities, libraries and schools to create accessible format copies and share them across borders. The article argues that the Marrakesh Treaty’s core innovation—mandatory exceptions to copyright to promote public welfare—together with consultations with a diverse range of stakeholders, may offer a model for harmonising human rights and IP in other contexts. Click here for more.
South Africa: More Than 80 Academics, Researchers and Teachers Call on President to Fix the Patent Laws
[Afro Chic] More than 80 leading academics, teachers and researchers have written to the President surrounding the need to make changes to South Africa’s patent law, particularly around issues pertaining to COVID-19. It details their urges to the President to engage in a process of law reform- something to which his offices have already committed, although progress in this regard has been slow. The letter relates to both existing and prospective patented and patentable equipment that may be used to combat or mitigate the effects of the pandemic and includes products such as respirators and personal protective equipment (PPE) as well as diagnostic testing equipment and medicines. Click here for more.
How Filters Fail (to Meet the Requirements of the DSM Directive)
[Paul Keller] Article 17 of the DSM directive establishes that Online Content Sharing Service Providers (OCSSPs) are liable for copyright infringing uploads by their users unless they either obtain a license for the use of such content, or take a number of measures designed to prevent the availability of such content on their platforms. While the directive never explicitly talks about filters or automated content recognition (ACR) systems, it is assumed by all sides of the debate that, in order to meet this obligation, platforms have little choice but to implement ACR-based filtering systems that will scan all user uploads and block or remove uploads that contain works that have been flagged by their rightholders. Click here for more.
The Case for Compulsory Licensing During Covid-19
[Hillary Wong] Over the past few months, the COVID-19 pandemic has devastated industrialized countries in Asia, Europe, and North America. The outbreak will inevitably escalate in developing countries as well. While there is yet to be a proven cure or treatment for COVID-19, commonly referred to as the coronavirus, researchers are racing to test new and existing drugs in search of an effective panacea. As governments of developing countries ramp up efforts to fight the virus, they must take measures not only to contain the virus but also to ensure that COVID-19 treatments will be accessible and affordable following discovery. Click here for more.
