Communia Association Copyright Directive Webinars
[Natalia Mileszyk] The process of implementation of the new Copyright Directive is speeding up in various countries (see our Implementation Tracker). Therefore, COMMUNIA has decided to organize a series of 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 the national level, to expand and strengthen user rights. The Copyright Directive Webinars are aimed at local advocates and national policymakers and will be conducted by COMMUNIA members and experts that were involved in preparing our Implementation Guidelines. We will hold four webinars of one hour each, as follows. Click here for more.
US-, China- and EU-First Nationalism and Covid-19 Technology Hoarding Push the Rest of the World to the End of the Line
[Brook Baker] With the world racing to find new vaccines and therapies to respond to the escalating COVID-19 pandemic, the world’s biggest economies are pursuing nationalistic policies, racing to the front of the line with sweetheart deals to fund research and development in exchange for preferential access to life-saving health products. These same countries (along with others) have also imposed selfish and unnecessary export controls limiting supply of needed health supplies to other countries.[1] This unbridled nationalism, interlinked with a broken, profit-driven pharmaceutical system risks obstructing access to life-saving medicines worldwide. This should be a moment for transformative, systemic change, but instead of an innovative response and true global solidarity we’re seeing the same old business-as-usual. Click here for more.
Copyright Bill Is a Gateway to Accessible Knowledge and Creativity – Not American Roulette
[Denise Nicholson] Collen Dlamini, the author of the Daily Maverick Opinionista “Copyright Bill: We dodged one bullet – we needn’t play American roulette” (27 May 2020), has once again shown his lack of understanding of the fair use and other provisions in the Bill. Fair use is not a free-for-all mechanism to copy everything for free. Yet, he perpetuates the image of fair use as being a “piracy tool” that will damage the publishing industry and destroy our economy. His “dodging the bullet” and “American roulette” analogies are hyperbolic and mischievous. Click here for more on the Daily Maverick.
Articles 7 and 8 as the Basis for Interpretation of the TRIPS Agreement
[Thamara Romero] Abstract: Articles 7 and 8 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) play a central role in assuring the members of the World Trade Organization (WTO) the right to implement public health measures. The Doha Declaration on the TRIPS Agreement and Public Health is also an important element for the interpretation of any provision of the TRIPS Agreement that may have public health implications. The most recent and prominent example of the use of articles 7 and 8 for interpretation in WTO law can be found in the WTO Panel decision of 2018 on the Australia – Tobacco Plain Packaging dispute. Click here for more.
Proposals for Copyright Law and Education During the COVID-19 Pandemic
[Emily Hudson and Paul Wragg] Abstract: This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the CDPA, including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. Click here for more.
WHO Recognizes the Open Covid Pledge as a Means to Advance Research and Science in the Fight Against Covid-19
[Diane Peters] Today, under the leadership of the World Health Organization, more than three dozen member countries and other organizations announced their support of the WHO’s Solidarity Call to Action. We are pleased that within this statement of principles, the Open COVID Pledge is featured as a mechanism that allows holders of valuable COVID intellectual property to meet the WHO’s call to action by immediately and freely making IP available to anyone for purposes of combating the disease. Through the generosity and vision of pledgors, this intellectual property can be used to develop and rapidly innovate medicines, test kits, vaccines, equipment, software and other technology to mitigate the pandemic’s impact. We count among our current pledgors many technology giants, as well as research projects and institutes. Click here for more.
The 73rd World Health Assembly and Resolution on Covid-19: Quest of Global Solidarity for Equitable Access to Health Products
[Nirmalya Syam, Mirza Alas and Vitor Ido] Abstract: The annual meeting of the World Health Assembly (WHA) of the World Health Organization (WHO) held virtually on 18-19 May 2020 discussed the global response to COVID-19 and adopted Resolution WHA73.1 on “COVID-19 Response”… Though the Resolution makes a commitment of ensuring access to medical products, vaccines and equipment for all countries in a timely manner, there are no concrete actions defined. In order to ensure global equitable access, WHO Members should make full use of the flexibilities of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and also enhance transparency of costs of research and development (R&D), openness and sharing of data, tools and technologies, and build more capacity through technology transfer. Click here for more.
Our DSM Implementation Tracker is Out
[Teresa Nobre] Today we are launching our new DSM Directive Implementation Tracker. These tracking pages aim to provide information on the status of the implementation of the new Copyright Directive in all EU Member States. The information contained in each country page was collected by local organisations and individuals in each country and/or from public sources. This tracker is part of a wider implementation project of COMMUNIA and its members Centrum Cyfrowe and Wikimedia, which includes a range of activities (including our DSM Directive Implementation Guidelines) to make sure that local communities in as many Member States as possible are aware of their national legislative processes and participate in those processes. Click here for more.
