Joint Academic Opinion on South Africa’s Copyright Amendment Bill (B-13B of 2017)

[Malebakeng Forere, Klaus D. Beiter, Sean M. Fiil-Flynn, Jonathan Klaaren, Caroline Ncube, Enyinna Nwauche, Andrew Rens, Sanya Samtani and Tobias Schonwetter] We offer the enclosed Joint Opinion on the President’s referral of the Copyright Amendment Bill back to Parliament. We address the President’s reservations about the Bill’s constitutionality, as well his expressed concerns about the Bill’s domestic application of international law. We analyse each of, and only, the specific clauses in the CAB that are mentioned in the President’s letter. The question we ask and answer is whether Parliament should take action to bolster the constitutionality of any of the provisions identified in the President’s letter. Click here for more.

A New WHO International Treaty on Pandemic Preparedness and Response: Can It Address the Needs of the Global South?

[Germán Velásquez and Nirmalya Syam] A recent joint communiqué by 25 Heads of Government and the WHO Director-General have called for the negotiation of a pandemic treaty to enable countries around the world to strengthen national, regional and global capacities and resilience to future pandemics. The COVID-19 pandemic has demonstrated the fragility of the mechanisms at the disposal of WHO for preparedness and response to pandemics. The use of binding instruments to promote and protect health in the context of pandemics is needed. Click here for more.

Letter from 141 Scholars to USTR, re: United States Facilitation of the TRIPS Waiver

Dear Ambassador Tai: As members of the academy, we welcome your new leadership as an opportunity to both restore the standing of the United States as a global leader as well as to build global confidence in the United States as a reliable ally. The leadership of the United States as well as the confidence over the policies supported by the United States is important at this time when the globe seems to be reeling in a crisis caused from a pandemic. The pandemic has highlighted that a public health crisis in one part of the world can affect not just global trade but also affects issues that the United States as well as the WTO stands for, in unimaginable ways. Thus, the pandemic makes it imperative for countries to find solutions to promote global collaborations during the current crisis. Click here for more.

Reversion of Copyright in Europe

[Martin Kretschmer, Ula Furgal, and Elena Cooper] Abstract: Reversion rights became a topical issue in Europe following the adoption of the Directive on Copyright in the Digital Single Market (2019) which introduced a new right of revocation to the EU copyright framework. The right gives effect to a “use-it-or-lose-it” principle, entitling authors and performers to reclaim their works when they are not being exploited. While reversion rights are not a novelty to a number of EU Member States, the current reversion rights landscape is fragmented, with provisions often limited to certain works or agreements. This paper assembles three contributions from a special section of the European Intellectual Property Review (May 2021), in the pre-print version by the CREATe Centre, University of Glasgow. Click here for more.

Webinar: The IP of COVID-19 – Presentation by Ana Santos Rutschman

[Bournemouth University | 19 May 17:00 BST] Ana Santos Rutschman is Assistant Professor at Saint Louis University School of Law, and a former Visting research fellow at CIPPM, Bournemouth University. As a leading expert of vaccine law and policy, she has recently been nominated Adviser for the Joe Biden’s administration as part of the COVID-19 Response Committee. Click here for more.

A Network Analysis of COVID-19 mRNA Vaccine Patents

[Mario Gaviria and Burcu Kilic] The COVID-19 pandemic has had a substantial impact on global health and highlighted the importance of international cooperation to effectively combat SARS-CoV-2. Since the discovery and publication of the virus’s genome in January 2020, scientists have rushed to develop vaccines, therapeutics and diagnostics on an unprecedented timescale. To date there are 80 vaccines in clinical trials and 70 more in clinical development, setting the stage for some of the fastest vaccine development and testing in modern history… In an attempt to demonstrate the complexity involved in IP protections and licensing deals surrounding COVID-19 vaccine technology, we developed a preliminary patent network analysis. Click here for more on Nature.com.

DSM Directive Implementation Update: With One Month to Go It Is Clear that the Commission Has Failed to Deliver

[Communia Association] Today it is exactly one month until the 7th of June, the day on which the EU member states have to have implemented the provisions of the 2019 copyright in the digital single market directive in their national laws. And while the 27 Member States have had more than 2 years to complete their national implementations so far only two of them have managed to fully implement the directive: the Netherlands adopted its implementation law in December of last year and on the 28th of April the Hungarian parliament adopted its implementation law. Click here for more.