South Africa’s Copyright Amendment Bill Returned to Parliament for Further Consideration

[Mike Palmedo] Last week, South African President Cyril Ramaphosa returned the Copyright Amendment Bill and the Performers’ Protection Amendment Bill back to Parliament for further consideration. The legislation had been passed by the National Assembly and sent to the President to be signed into law, but it had generated strong opposition from rightholder groups, including those in the U.S. such as the IIPA. Click here for more, incl. statements from Sean Flynn and Denise Nicholson.

Comments by WIPO Copyright Director Undermine IIPA’s South Africa Petition

[Jonathan Band] The documents provided to Knowledge Ecology International in response to its Freedom of Information Act request to the U.S. Trade Representative concerning the South African Copyright Amendment Bill (“CAB”) led to the discovery of a set of comments on the draft bill prepared by Michele Woods, Director of the Copyright Law Division of the World Intellectual Property Organization. These comments, dated October 1, 2018, in effect refute the central argument of the International Intellectual Property Alliance’s petition to USTR that South Africa should be denied U.S. trade preferences because the CAB, if signed into law, would not provide adequate and effective protection to intellectual property. Woods prepared these comments as a member of a panel of experts appointed by the Portfolio Committee of the South African Parliament to review the CAB. Woods stated that the comments reflected her views and are not official WIPO interpretations of international treaty obligations. Click here for more.

Will Patents Stop Covid Drugs from Saving Lives?

[Ken Shadlen] The Covid-19 pandemic has sparked a global race of public- and private-led research to develop vaccines and treatments. Will patents hinder access to the products it generates? … With regard to treatments (the dynamics around vaccines may differ), access problems will mainly affect middle-income countries. While low-income countries will likely receive drugs at discounted prices, and with governments and philanthropic donors covering the costs, middle-income countries will face higher prices. To understand why, let’s compare Covid-19 to HIV/AIDS, and consider one potential treatment that has advanced in clinical development and about which we have enough patent information for an informed discussion. Click here for more.

Equitable Access to Covid-19 Related Health Technologies: A Global Priority 

[Zeleke Temesgen Boru] Abstract: … Even though the race to develop these technologies can be hailed as a pivotal undertaking, the development of health technologies alone may not expedite equitable access to the outcome of such development. Particularly, the lack of access to health technologies may befall if the conventional model of health technology pricing, which is derived from monopoly rights created by IP protection, is set. However, legal as well as policy tools can be used to overcome such hurdles and ensure global access to health technologies. In this sense, this paper discusses plausible legal and policy options that can help to accelerate access to health technologies targeting COVID-19. Click here for more.

See also: Ady Barkan and Zain Rizvi in The Nation. The Covid-19 Vaccine Should Belong to the People – The US Government Has the Authority Under Existing Law to Break Patent Monopolies. Link.

The World Intellectual Property Organization and the Sustainable Development Agenda

[Sara Bannerman] Abstract: The UN’s Agenda for Sustainable Development is being taken up throughout the international system, including at the World Intellectual Property Organization (WIPO). This article examines WIPO’s approach to the sustainable development agenda in light of its past approaches to development. In the first part of this article, I outline some of the longstanding major critiques of the discourse of sustainability, noting that these critiques anticipated the current lamentable status of a sustainable development agenda for WIPO. Next, I discuss the history of development agendas at WIPO in the context of WIPO’s history and role at the centre of the global intellectual property system. I then ask what role intellectual property has to play in the SDGs. I conclude by suggesting that an adequate agenda for sustainable development is unlikely to be developed at WIPO and must, rather, come from outside. Click here for more.