Why South Africa Should Resist US Pressure to Extend Copyright Terms

[Paul Heald] The current term of copyright in South Africa is life-of-the-author plus 50 years. But the US is pressuring South Africa to extend the term to life-plus-70. Since the US is a net exporter of copyrighted media, like songs, books, and movies, US copyrights earn billions in revenue yearly. The US wants to prolong this trade imbalance as long as possible and deny foreigners free access to older US works. Click here for more.

The Intellectual Property of Vaccines: Takeaways from Recent Infectious Disease Outbreaks

[Ana Santos Rutschman] Abstract: This Essay examines the ways in which intellectual property regimes influence incentives for the development of new vaccines for infectious diseases. Charting the tension between market forces and public health imperatives, the Essay considers an emerging solution to the long-standing problem of insufficient incentives for vaccine research and development: the rise of public-private partnerships in the health space. Click here for more.

See also: Juliana Broad for Truthout. Coronavirus and Ebola Show We Can’t Leave Vaccine Development to Big Pharma. Link. 

ARIPO Model Copyright Law: How Does It Score?

[Electronic Information for Libraries] In October 2019, the African Regional Intellectual Property Organization (ARIPO) released a new Model Law on Copyright and Related Rights. EIFL reviewed the ARIPO Model Law against EIFL’s ‘Core Library Exceptions Checklist’ that sets out provisions that every copyright law should have to support modern library activities and services. Click here for more.

A Review of Copyright Exceptions for Quotation – How Often Do Laws Include “Permitted Purposes?”

[Mike Palmedo and Margarita Gorospé] In April 2019, IIPA petitioned USTR to review South Africa’s GSP benefits, alleging it fails to provide “adequate and effective” protection of copyrighted works… IIPA notes the following concern with the quotations exception in South Africa’s Copyright Amendments Bill: “Section 12B(1)(a) provides a broad and circular exception for quotation, permitting any quotation provided that ‘the extent thereof shall not exceed the extent reasonably justified by the purpose,’ but without enumerating the permitted purposes, for example, criticism and review.” However, this type of language is not uncommon. Click here for more.

3 Actions Congress Can Take to Reduce Drug Prices

[Dhruv Khullar and Peter B. Bach] … New drugs enjoy two types of monopoly protection: one through patents, the other through market exclusivity granted by the FDA. The FDA generally gives companies five to 12 years of exclusive rights to sell a new drug after approval, but patent protections can last decades because manufacturers often patent not just the original molecule but also minor changes to the drug like its coating or how it can be given. Enbrel, which is used to treat inflammatory conditions like rheumatoid arthritis, was developed in the 1990s, but it’s thicket of patents runs more than 100 deep and doesn’t run out until 2029. Meanwhile, the drug costs nearly $70,000 a year. Reducing the number and types of patents available to drug manufacturers would limit how long patients and taxpayers are exposed to those price tags. Click here for more on the Harvard Business Review site. 

The Conflicts between Copyright and the Norms of Online Re-Creations: An Empirical Analysis

[Khanuengnit Khaosaeng] Abstract: As a fundamental principle, by granting exclusive rights, copyright provides economic incentives to encourage authors and artists to express their ideas, and in that process, create a new work. As a general rule, when using a protected work, a person needs permission from the copyright holder of such work. However, this article finds that: economic interests provided by copyright are not the primary incentives for authors to create a work; and due to some obstacles, people cannot conform to the copyright rule that permission to use a copyright work is required. These conclusions are supported by an original empirical study on the social norms concerning the practice of online re-creations. Click here for more.