Polish Ministry of Infrastructure and Development Introduces Open Licensing Requirements
[Alek Tarkowski] In October, the Polish Ministry of Infrastructure and Development (MIR) has announced a grant competition for digital literacy education projects, with a total value of PLN 180 million (EUR 45 million). It is one of several recently launched grant programs that include a requirement to openly license and make freely available resources created with public funding. Total value of the announced competitions exceeds PLN 400 million (approx. EUR 100 million). Click here for more.
The Impact of Specific Exceptions on Fair Use: An Update
[Jonathan Band] In 2012, I published a law review article where I argued that when a defendant engages in the type of activity permitted by a specific exception under the Copyright Act, but does not qualify for a technical reason, the court should give weight to the defendant’s substantial compliance with the exception when considering the first fair use factor (the purpose and character of the use). In adopting a specific exception, Congress recognized the strong public policy interest in permitting the use in cases meeting the exception’s requirements. Significantly, the same public policy interest still exists in cases where many, but not all, of the exceptions’ requirements are met. While the existence of a specific exception should not be dispositive of the fair use analysis, I argued that it should have a positive influence on the first fair use factor. Since then, both the Second Circuit and the Register of Copyrights have given substantial weight to specific exceptions in the context of consideration of the first fair use factor. Click her for more.
High Prices of New, Improved Medicines Are Key Roadblocks to Scaling UP HIV/AIDS Treatment on Demand
[Health GAP] High price of newer, improved medicines: While the price of many antiretroviral medicines has decreased significantly over the past 15 years, trade and intellectual property rights barriers inhibit affordable access to newer, more effective medicines. Side effects of many antiretroviral medicines can be a hindrance in adhering to treatment and starting treatment early may exacerbate this challenge. Combination regimens containing the least toxic and most effective medicines are unavailable in many countries due to their higher cost. This problem is especially acute in middle-income countries, which are excluded from voluntary licenses and price discounts. Overcoming patent and other IP monopolies and driving down the cost of medicines through robust generic competition is urgently needed. Click here for more.
Rethinking International Intellectual Property Law: What Institutional Environment for the Development and Enforcement of IP Law?
[ICTSD] The establishment of the WTO Agreement on TRIPS (Trade Related Aspects of Intellectual Property Rights) and the proliferation of plurilateral, bilateral and regional agreements have significantly contributed to the increasing complexities of the intellectual property system. The emergence of new actors, reflecting conflicting expectations and the adoption of new trade agreements that often exceed the standards set by the TRIPS agreement, have resulted in a new density of rules that have further fragmented the international system. These developments have unavoidably called for further analysis by academics and stakeholders. Click here for more.
Open Educational Resources: A Catalyst for Innovation
[OECD] Education is the key to economic, social and environmental progress, and governments around the world are looking to improve their education systems. The future of education in the 21st century is not simply about reaching more people, but about improving the quality and diversity of educational opportunities. How to best organise and support teaching and learning requires imagination, creativity and innovation. Open educational resources (OER) are teaching, learning and research materials that make use of tools such as open licensing to permit their free reuse, continuous improvement and repurposing by others for educational purposes. The OER community has grown considerably over the past ten years and the impact of OER on educational systems has become an issue of public policy. This report aims to highlight state of the art developments and practice in OER, but also to serve as a basis for exchanges and discussions that lead to cross-country peer learning on how to improve teaching and learning. Click here for more.
Impact Of The TPP On The Pharma Industry
[D.G. Shah] The final text of the Trans-Pacific Partnership confirms beyond doubt the apprehensions expressed by civil society, academia and the generic industry about new barriers to access to medicines. The TPP has done away with several flexibilities provided under the TRIPS Agreement and the Doha Declaration on Public Health. Though the text mentions “nothing in this [IPR] Chapter limits a Party’s rights and obligations under Article 31 of the TRIPS Agreement,” the TPP Investment Chapter overrides these flexibilities. Click here for the full piece on Don’t Trade Our Lives Away.
