InfoJustice Roundup – November 26, 2018
Communia Endorses Treaty on Education and Research, and Asks Others to Follow Suit
[Teresa Nobre] Communia has endorsed the Civil Society Proposed Treaty on Copyright Exceptions and Limitations on Education and Research Activities (TERA), and asks others to follow suit, ahead of the 37th session of WIPO’s Standing Committee on Copyright and Related Rights (SCCR). SCCR/37 will take place from 26 – 30 November in Geneva, and civil society advocates will propose that the treaty’s provisions be considered as a model for future text-based work by the committee… The proposed treaty aims to establish minimum standards for copyright exceptions for educational and research purposes, while at the same time affording countries significant flexibility in how to implement these obligations. Click here for more.
Why ‘Fair Use’ Is So Important for South African Copyright Law
[Denise Rosemary Nicholson] “Fair use” is a doctrine adopted by some countries that permits the use of copyright material like books, journals, music and art work – without requiring permission from the copyright holder. It provides a balance between the just demands of rights-holders and the need for people to use copyright material for education, research, in libraries and archives. Click here for more.
See also: Denise Rosemary Nicholson. “Fair Use” Does Not Conflict with Berne. Link.
Hatch Amendment Would Delay Generic Competition And Increase Drug Costs
[Alfred Engelberg] A bipartisan effort to pass the Creating and Restoring Equal Access to Equivalent Samples (CREATES) Act (S.974) of 2018 appears to be stalled by opponents, including the pharmaceutical industry, seeking to dilute provisions of the bill that would help ensure that generic manufacturers can access the branded drug samples they need to produce approvable generic versions of those samples. In the rush to achieve legislative accomplishments before the end of this year when this congressional term concludes, there is a risk of a last-minute compromise in which the increased generic competition that would result from fair access to samples is more than offset by the inclusion of Sen. Orrin Hatch’s (R-UT) amendment, the Hatch-Waxman Integrity Act of 2018. The fact that Senator Hatch is retiring elevates that risk because his colleagues may view it as a farewell gesture given that the Hatch-Waxman Act of 1984 is regarded as his greatest legislative achievement. See more on healthaffairs.org.
See also: A counterpoint by Philip S. Johnson published by the Health Affairs editors. Link.
Facilitating Wider Access to Europe’s Cultural Heritage in the Digital Environment
[Christophe Geiger, Giancarlo Frosio and Oleksandr Bulayenko] The Proposal for a Directive on Copyright in the Digital Single Market aims at facilitating wider access to Europe’s cultural heritage through the introduction of inter alia a mechanism enabling the use of out-of-commerce works by cultural heritage institutions in the digital environment. After examining the key elements of this mechanism, this Opinion critically discusses the definition of the scope of search required for establishing the out-of-commerce status of works, the requirement of the representative character of collective management organisations and the non-application of the mechanism to third-country works. Click here for more.
African Civil Society Outcry Over ARIPO’s Closed Decision-Making On Health And IP
[Intellectual Property Watch] As the African Regional Intellectual Property Organization (ARIPO) Administrative Council meets this week, more than 60 civil society groups are calling for greater inclusion and more transparency on access to medicines and diagnostics. Signatories are asking for a review of the Harare Protocol on patents and industrial designs, and raised concern about over-reliance on advice of the United Nations intellectual property agency for decisions affecting broader public health in the region. Click here for more in IP Watch.
Climate Litigation Heats Up Globally
[Queensland University Press Release] Climate change lawsuits against governments have had more success than those against fossil fuel companies and are a legal tool for communities and Indigenous groups to promote climate change mitigation and adaptation. The finding is contained in a chapter of a new book, Intellectual Property and Clean Energy, by QUT Intellectual Property and Innovation Professor Matthew Rimmer. Click here for more.
The Next Creative Commons Global Summit Will Be Held in Lisbon, Portugal May 9-11, 2019
[Creative Commons] Join us for three days of dynamic programming at Museu do Oriente, with a special keynote evening event held at the historic Cineteatro Capitolio. We’ve grown the CC Global Summit every year as hundreds of leading activists, advocates, librarians, educators, lawyers, technologists, and more have joined us for discussion and debate, workshops and planning, talks and community building. It’s a can’t-miss event for anyone interested in the global movement for the commons. See the call for papers and registration on summit.creativecommons.org.
