Survey Data from Canada, Mexico and Taiwan Added to User Rights Database
[Mike Palmedo] In 2017, PIJIP released the User Rights Database, a novel, survey-based dataset, which measures changes to countries’ laws on copyright exceptions over time. Last spring we added three additional countries to the dataset – Canada, Mexico and Taiwan. This post introduces the new data and discusses how it compares to the data from the original set of countries. Click here for more.
Intellectual Property and Education in the Age of COVID-19
[Matthew Rimmer] Research Symposium, QUT Faculty of Law, 29 July 2020 – This event considered the relationship between intellectual property and higher education in the age of the public health crisis over the coronavirus COVID-19. It brought together scholars, experts, and practitioners in law, business, and education, and examine this topic from a range of disciplinary perspectives. Click here for more, including video of the presentations.
WTO TRIPS Council Discusses National IP Measures and TRIPS Flexibilities in the Context of COVID-19
[Nirmalya Syam] A regular session of the TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) Council was held virtually on 30 July 2020. This session offered the first opportunity for the World Trade Organization (WTO) Members to discuss intellectual property (IP) related issues in the context of COVID-19. Discussions focused on national measures taken by various countries in relation to IP in response to COVID-19 as well as the scope of the use of TRIPS flexibilities across the spectrum of various IP rights in order to ensure rapid development, scaled up manufacturing of and affordable, timely and equitable access to various technologies and products required to respond to COVID-19. South Africa made a strong general statement pointing to the need to consider new bold measures that will comprehensively and expeditiously address IP challenges. Click here for more.
See also: D. Ravi Kanth for the Third World Network. South voices concerns over “vaccine nationalism” amid COVID-19. Link.
WHO, WIPO, WTO Launch Updated Study on Access to Medical Technologies and Innovation
[World Intellectual Property Organization press release] On 29 July, the Directors-General of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) presented a new edition of the Trilateral Study on Access to Medical Technologies and Innovation. Building on the first edition launched in 2013, the publication seeks to strengthen the understanding of the interplay between the distinct policy domains of health, trade and intellectual property (IP), and how they affect innovation and access to medical technologies, such as medicines, vaccines and medical devices. The second edition provides an improved, evidence-based foundation for policy debate and informed decision-making at a critical time for global health. Click here for more.
Analysis of Woods and Analysis of Woods and Mayburgh Comments on South Africa’s Copyright Amendment Bill
[Jonathan Band] Abstract: On June 16, 2020, President Ramaphosa of the South African Republic referred the Copyright Amendment Bill (“CAB”) back to the National Assembly on the grounds that he had reservations concerning its constitutionality. In his referral letter, President Ramaphosa stated that the CAB may be in conflict with international intellectual property treaties South Africa had joined or was planning to join. CAB opponents’ arguments that the CAB is incompatible with IP treaties are based largely on comments prepared by Michele Woods, Director of the Copyright Law Division of the World Intellectual Property Organization, in 2018. 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. Additionally, CAB opponents cite comments prepared by Andre Myburgh, a South African attorney, for the Portfolio committee, which likewise argue that the CAB is incompatible with IP treaties. A close examination of the Woods and Marburgh comments reveal that they failed to prove their contentions that the CAB’s provisions are inconsistent with IP treaties. Moreover, the comments are inconsistent with one another on critical points, such as fair use. Click here for more.
EU Trade Policy Review Includes a Request for Comments on The Digital Transition and Technological Development
[Excerpt from EC Consultation note] Thanks to Ante Wessels for calling to my attention to an EU Trade Policy Review, which aims “to build a consensus around a fresh medium-term direction for EU trade policy, responding to a variety of new global challenges and taking into account the lessons learned from the coronavirus crisis.” The review includes a request for comments from the public, with submissions due September 15. Click here for more.
EIFL Urges Brazil to Maximize the Benefits of the Marrakesh Treaty to Expand the Global Availability of Accessible Format Works for Persons with Print Disabilities
[Electronic Information for Libraries] EIFL welcomed the opportunity to submit comments on Brazil’s implementation of the Marrakesh Treaty for persons with print disabilities. The comments focused on Article 4(4) of the treaty, an optional provision that allows a country to confine exceptions to works that are not available on the commercial market under reasonable terms, the so-called ‘commercial availability test’. EIFL opposes the introduction of a commercial availability test because it would undermine the overarching objective of the Marrakesh Treaty, which is to expand the availability of accessible format works for persons with print disabilities. It would especially hamper cross-border exchange of accessible format works, widely recognized as key to ending the global ‘book famine’ for persons with print disabilities, and fundamental to the treaty’s success. Click here for more.
