Patents and Coronavirus – The Research Exemption in the U.S.
[Jorge Contreras] The recent COVID-19 coronavirus pandemic has raised numerous legal issues around the world. In this series of posts, Professor Jorge Contreras of the University of Utah (Salt Lake City, USA) discusses some of the patent and other intellectual property law implications arising from coronavirus and efforts to contain, diagnose and cure it. Click here for more.
Coronavirus and Copyright – Or, the Copyright Concerns of the Widespread Move to Online Instruction
[Eoin O’Dell] … in our race to go online in time to deliver classes to our students, we must not forget that copyright law continues to apply. In that regard, I’m delighted to note that recent reforms to Irish copyright law will make all of our lives easier. The Copyright and Other Intellectual Property Law Provisions Act 2019 (also here) [COIPLPA] amended the Copyright and Related Rights Act 2000 (also here) [CRRA] in various significant ways, in particular relating to online educational uses of copyright material. Click here for more.
See also: International Coalition of Library Consortia. Statement on the Global COVID-19 Pandemic and Its Impact on Library Services and Resources. Link.
Covid-19 and the Comeback of Compulsory Licensing
[Ellen ‘t Hoen] … Some of the products that are currently being tested are older products cheap to produce, indicating that a low price is possible. However, if a company has a monopoly on the use of the medicines for Covid-19, the market position rather than production costs will determine the price. On March 19, The Intercept reported that investment banks are urging pharmaceutical companies to raise their prices and to create a business out of products currently under development. Some countries are taking pre-emptive measures. Click here for more on MedicinesLawandPolicy.org.
Now Is the Time for Open Access Policies – Here’s Why
[Victoria Heath and Brigitte Vézina] Over the weekend, news emerged that upset even the most ardent skeptics of open access. Under the headline, “Trump vs Berlin” the German newspaper Welt am Sonntag reported that President Trump offered $1 billion USD to the German biopharmaceutical company CureVac to secure their COVID-19 vaccine “only for the United States.” Click here for more.
Google Submission to USTR, re: South Africa GSP Review
[Google, Inc.] South Africa has made strong progress in crafting a fair use system that is closely modeled on the U.S. legal framework, including a four-factor test drawn from 17 U.S.C. § 107 that strikes an appropriate balance between the interests of authors, creators, and users. The adoption of fair use in South Africa would clearly benefit U.S. exporters, particularly when the alternative is a legal system that is less consistent with U.S. law. Click here for more.
Research Synthesis: Patentability Criteria
[Marcela Vieira and Suerie Moon] We would like to share with you a new research synthesis on patentability criteria in the pharmaceutical sector. It can be accessed at https://www.knowledgeportalia.org/patentability-criteria. The Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement) sets out basic patentability criteria, but countries have policy space to decide how these criteria are defined and applied at the national level, an important “TRIPS flexibility” that can be used to balance private and public interests. Click here for more.
What We Hope for WIPO Under New Leadership: Nuetrality, Fairness, and Transparency
[Teresa Nobre] … it is of utmost importance that the new Director General’s stance on issues that have been key areas of concern for the organizations advocating for society-oriented reforms at WIPO clearly contribute to: ensuring full participation of civil society representatives and minimising discussions held behind closed doors; ensuring that WIPO’s work is based on solid evidence rather than the product of influence of private sector or other lobbies; guaranteeing that WIPO’s technical assistance activities are development-oriented and suitable to the national levels of development; and guaranteeing that WIPO and its staff are neutral and impartial sources of information and expertise. Click here for more.
WIPO Nominates Daren Tang as New Director General
[International Federation of Library Associations] The UN agency that manages the global intellectual property system – including copyright – has nominated a new Director General. As the current Chair of the organisation’s copyright committee – and as a modernising reformer nationally – he will bring a strong awareness of the needs of libraries to the role. Click here for more.
Global Congress Update, re: Covid 19
[Carolina Botero and Meredith Jacob] We have all been following the evolution of COVID 19, which has now been characterized as global pandemic by the World Health Organization. The safety of our participants and the health of our communities must be our highest priority, as we assess how to move forward with the Global Congress. Click here for more.
USTR Requests Comments on Negotiating Objectives for FTA with Kenya
[Mike Palmedo] The U.S. Trade Representative has announced its intention to seek a Free Trade Agreement with Kenya, and has requested comments on its negotiating objectives. The U.S. negotiating objectives for FTAs are guided by Section 102 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201). Click here for more.
