Author: Andres Izquierdo

Meeting with WIPO Director General Daren Tang, Spotlights NGOs’ Crucial Role in Intellectual Property Landscape

[Andrés Izquierdo] On behalf of WCL PIJIP and the Global Network on Copyright User Rights, Andrés Izquierdo attended a meeting organized by Daren Tang, Director General of the World Intellectual Property Organization – WIPO. The meeting had the participation of more than 40 accredited NGOs and industry stakeholder groups. This meeting served to highlight the pivotal role played by NGOs in the Organization’s work. To the meeting also attended KEI, IFLA, and Innovarte.

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GRULAC Advocates for Education, Research, and Cultural Heritage at the WIPO General Assembly

[Andrés Izquierdo] The Group of Latin American and Caribbean Countries (GRULAC), delivered a statement supporting initiatives and proposals aimed at expanding and facilitating education, research, and the preservation of cultural heritage in developing countries. GRULAC also advocated for the implementation of WIPO’s Development Agenda (DA) recommendations and the fulfillment of the Sustainable Development Goals (SDGs) established by the United Nations. The statement was delivered by the Bolivarian Republic of Venezuela delegation speaking on behalf of GRULAC during the World Intellectual Property Organization’s (WIPO) General Assembly 2023.

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Colombian Minister Calls for Multilateral Action on Balanced IP Rights at WIPO General Assembly 2023

[Andrés Izquierdo] On July 6, 2023, Germán Umaña Mendoza, the Colombian Minister of Commerce, Industry, and Tourism, delivered a compelling opening statement on behalf of Colombia during the General Assembly of the World Intellectual Property Organization (WIPO). In his address, Minister Umaña advocated for the establishment of multilateral regulations that would incorporate flexible copyright provisions, enabling enhanced access to education and technological advancements. He also emphasized the need to safeguard cultural expressions and ensure accessibility to digital economies, with the aim of achieving a harmonious equilibrium between sustainable development, trade, intellectual property, investment, and services. Minister Umaña’s is a significant call to action, urging stakeholders to advance a balance in IP rights.

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WIPO Program and Budget Committee Adds New Language on Copyright Limitations & Exceptions to Budget

[Andrés Izquierdo] On May 25th, the 35th Program and Budget Committee (P&B) of the World Intellectual Property Organization (WIPO) adopted new language concerning copyright limitations and exceptions (L&E) for the copyright sector at WIPO. Initially put forward by Colombia, this proposal received strong support from the African Group, leading to its adoption.

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The First WIPO Project on Text and Data Mining

[Andrés Izquierdo] On April 28th, 2023, the World Intellectual Property Organization’s Committee on Development and Intellectual Property (CDIP) approved a pilot project on Text and Data Mining (TDM) to support research and innovation in universities and other research-oriented institutions in Africa. PIJIP has been participating as an observer on this Committee since 2022… The pilot project will begin by mapping the current treaty implementation, legal framework, and licensing schemes, as well as existing materials such as studies and toolkits in the region, to assess the use of TDM in research, particularly by universities and research-oriented institutions. In the second step, the project will collaborate with three pilot universities in Africa, along with input from other regional stakeholders, to develop case studies on the application of TDM in research, using the information and experiences gathered during the mapping process.

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Report of SCCR/42 on Limitations and Exceptions and the African Group Work Plan Proposal

[Andrés Izquierdo] The last WIPO-SCCR/42 discussions focused on the African Group Work Plan proposal, the revised draft broadcasting treaty, and limitations and exceptions (L&Es) in favor of libraries, archives, museums, educational institutions, research institutions, and people with disabilities. The primary SCCR outcomes on L&Es enclosed approval of two points of the African Group Work Plan proposal, including future presentations on cross-border copyright issues linked to online education and research practices, and developing toolkits supporting education, research, and preservation of cultural heritage.

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Zero Draft and Small Working Groups: Is This the Way Forward for the WIPO IGC?

[Andrés Izquierdo] The last WIPO-IGC discussions focused on the beneficiaries and the role of nation-states and other entities regarding TK/TCEs. The main results included broadening the definition of beneficiaries, including a proposed Chair’s TK/TCE text to advance progress on the negotiations – the Zero Draft, and the newly created small contact groups. The Session also included additional facilitators’ text proposals, and an ad hoc expert group report.

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Statement to WIPO CONVERSATION on IP and Artificial Intelligence – Current Litigation on AI and Machine Learning

Today, I want to provide some highlights from my research on current litigation on AI and machine learning. Case law can provide guidance on how to address these new technologies. I have analyzed litigation from the United States, Australia, China, and Canada which involves AI and Machine Learning. Litigation regularly involves a diverse set of laws including: copyright´s creativity, authorship, or registration requirements; publication and communication rights; violation of Technological Protection Measures (TPM’s); breach of contracts; trade secret misappropriation; or enforcement of website terms of service.

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How Open Is the Open Data Produced by the U.S. Government?

Although the word open might imply access, many times, it does not imply transmission, reproduction, or re-use of material, as seen currently with most government open data and recently discussed at the GovDatax event. Recent laws require the federal government to make their public data available and they encourage agencies to share information between them. Still, in practice, there is a competing group of laws that restrict access to these very same data with a bulk of copyright restrictions, publicity and privacy rights that might be applicable, as well as contract limitations that fill the restrictions gap when no other law is available.

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