Author: InfoJustice Eds.

Who is Facilitating Fair Use in the time of a Pandemic?

Posted by | Jul 7, 2020 | , ,

[Mehtab Khan] The pandemic has put several pressures on the scope of fair use. Within a matter of weeks, millions of people lost physical access that they normally would have had through libraries and cultural institutions. Fair use was built to be flexible for circumstances like these. But now that users have changed the way that they are accessing copyrighted works, primarily through intermediaries, this has implicated copyright and fair use in novel ways.

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COVID LESSONS – COPYRIGHT AND ONLINE LEARNING

Posted by | Jun 30, 2020 | ,

[Teresa Hackett] At the end of March, at the height of the global lockdown, UNESCO estimates that more than 1.5 billion learners in 193 countries were affected by country-wide or localized closures of schools and other educational institutions. The closures happened overnight and mid-way through the academic year, leaving no time for teachers and students to prepare. For education to continue, it had to move off-campus and online.

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Intellectual Property, Innovation and Access to Health Products for COVID-19: A Review of Measures Taken by Different Countries

Posted by | Jun 26, 2020 | , ,

[Nirmalya Syam] Abstract: The rising incidence of COVID-19 will require all countries, particularly developing and least developed countries, to be able to procure and manufacture the products required for the diagnosis, prevention and treatment of COVID-19. Intellectual property (IP) rights over such products can constrain the ability of countries to rapidly procure and produce and supply the products required at a mass scale. This Policy Brief describes the measures and actions taken by different countries to address potential IP barriers to access to the products required for COVID-19.

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June 16 2020: A Sad Day for South African Youth

Posted by | Jun 24, 2020 | ,

[South African Democratic Teachers Union, Independent Beneficiaries Forum, South African Guild of Actors, ReCreate South Africa, Section 27 and BlindSA] On June 16th we celebrate the resistance by the youth of Soweto and across South Africa to oppressive laws that limited their future education prospects based on race. In 1976 black school students left their desks to protest the imposition of Afrikaans as a medium of instruction. The massacre of students that followed was one of the darkest days in the history of apartheid. Sadly, 44 years later on June 16th 2020, we faced another dark day for the prospects of our young people. In a letter which received little media attention, President Cyril Ramaphosa referred the Copyright Amendment Bill back to Parliament. This move by the President could dash the future education and employment prospects of millions more young South Africans.

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Will Patents stop Covid drugs from saving lives?

Posted by | Jun 16, 2020 | ,

[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.

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How Filters fail (to meet the requirements of the DSM directive)

Posted by | Jun 15, 2020 | ,

[Paul Keller] Article 17 of the DSM directive establishes that Online Content Sharing Service Providers (OCSSPs) are liable for copyright infringing uploads by their users unless they either obtain a license for the use of such content, or take a number of measures designed to prevent the availability of such content on their platforms. While the directive never explicitly talks about filters or automated content recognition (ACR) systems, it is assumed by all sides of the debate that, in order to meet this obligation, platforms have little choice but to implement ACR-based filtering systems that will scan all user uploads and block or remove uploads that contain works that have been flagged by their rightholders.

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SOUTH AFRICA: MORE THAN 80 ACADEMICS, RESEARCHERS AND TEACHERS CALL ON PRESIDENT TO FIX THE PATENT LAWS

Posted by | Jun 11, 2020 | ,

[Afro Chic] More than 80 leading academics, teachers and researchers have written to the President surrounding the need to make changes to South Africa’s patent law, particularly around issues pertaining to COVID-19. It details their urges to the President to engage in a process of law reform- something to which his offices have already committed, although progress in this regard has been slow. The letter relates to both existing and prospective patented and patentable equipment that may be used to combat or mitigate the effects of the pandemic and includes products such as respirators and personal protective equipment (PPE) as well as diagnostic testing equipment and medicines.

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WHO Recognizes the Open COVID Pledge as a Means to Advance Research and Science in the Fight Against COVID-19

Posted by | Jun 9, 2020 | , ,

[Diane Peters] Today, under the leadership of the World Health Organization, more than three dozen member countries and other organizations announced their support of the WHO’s Solidarity Call to Action. We are pleased that within this statement of principles, the Open COVID Pledge is featured as a mechanism that allows holders of valuable COVID intellectual property to meet the WHO’s call to action by immediately and freely making IP available to anyone for purposes of combating the disease. Through the generosity and vision of pledgors, this intellectual property can be used to develop and rapidly innovate medicines, test kits, vaccines, equipment, software and other technology to mitigate the pandemic’s impact. We count among our current Pledgors many technology giants, as well as research projects and institutes.

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Communia Association Copyright Directive Webinars

Posted by | Jun 8, 2020 | ,

[Natalia Mileszyk] The process of implementation of the new Copyright Directive is speeding up in various countries (see our Implementation Tracker). Therefore, COMMUNIA has decided to organize a series of webinars aimed at explaining the different provisions of the new Copyright Directive and making suggestions on what to advocate for during the implementation process of those provisions at the national level, to expand and strengthen user rights. The Copyright Directive Webinars are aimed at local advocates and national policymakers and will be conducted by COMMUNIA members and experts that were involved in preparing our Implementation Guidelines. We will hold four webinars of one hour each, as follows.

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Articles 7 and 8 as the basis for interpretation of the TRIPS Agreement

Posted by | Jun 8, 2020 |

[Thamara Romero] Abstract: Articles 7 and 8 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) play a central role in assuring the members of the World Trade Organization (WTO) the right to implement public health measures. The Doha Declaration on the TRIPS Agreement and Public Health is also an important element for the interpretation of any provision of the TRIPS Agreement that may have public health implications. The most recent and prominent example of the use of articles 7 and 8 for interpretation in WTO law can be found in the WTO Panel decision of 2018 on the Australia – Tobacco Plain Packaging dispute.

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The 73rd World Health Assembly and Resolution on COVID-19: Quest of Global Solidarity for Equitable Access to Health Products

Posted by | May 31, 2020 | , , ,

[Nirmalya Syam, Mirza Alas and Vitor Ido] Abstract: The annual meeting of the World Health Assembly (WHA) of the World Health Organization (WHO) held virtually on 18-19 May 2020 discussed the global response to COVID-19 and adopted Resolution WHA73.1 on “COVID-19 Response”… Though the Resolution makes a commitment of ensuring access to medical products, vaccines and equipment for all countries in a timely manner, there are no concrete actions defined. In order to ensure global equitable access, WHO Members should make full use of the flexibilities of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and also enhance transparency of costs of research and development (R&D), openness and sharing of data, tools and technologies, and build more capacity through technology transfer.

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Our DSM Implementation Tracker Is Out

Posted by | May 31, 2020 | ,

[Teresa Nobre] Today we are launching our new DSM Directive Implementation Tracker. These tracking pages aim to provide information on the status of the implementation of the new Copyright Directive in all EU Member States. The information contained in each country page was collected by local organisations and individuals in each country and/or from public sources. This tracker is part of a wider implementation project of COMMUNIA and its members Centrum Cyfrowe and Wikimedia, which includes a range of activities (including our DSM Directive Implementation Guidelines) to make sure that local communities in as many Member States as possible are aware of their national legislative processes and participate in those processes.

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EIFL COMMENTS ON KENYA’S IP BILL

Posted by | May 26, 2020 |

[Electronic Information for Libraries] EIFL has provided comments to the Kenya Copyright Board (KECOBO) on the draft Intellectual Property Bill, 2020, which aims to consolidate existing laws relating to intellectual property. The draft Bill also proposes mandating the development of a national strategy and policy on intellectual property, a potentially useful means of framing copyright within national priority areas such as literacy and education, digital inclusion, research and innovation. A national strategy also provides the opportunity to highlight the place of libraries in national information infrastructures that help deliver on government policies, and the need for copyright laws to support library activities and services in pursuit of these public interest objectives.

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A COALITION OF STUDENT ORGANIZATIONS LAUNCH ADVOCACY TRACKER TOOL OF PUBLIC FUNDS FOR COVID-19 AT KEY UNIVERSITIES

Posted by | May 18, 2020 | ,

[Universities Allied for Essential Medicine Europe] Today, May 18th, Universities Allied for Essential Medicines (UAEM), in collaboration with multiple American medical student organizations, has launched an interactive mapping tool that highlights key research universities and institutions that are receiving taxpayer money to develop novel diagnostics, therapeutics, and/or vaccines for COVID-19. The tool powerfully demonstrates the indispensable role of universities, public research institutions and public funding in the development of novel medical technologies. By visualizing where public funding is being directed, this tool contributes to transparency regarding the current significant levels of public investment and aims to hold research universities and institutions accountable to their social responsibilities to the public by ensuring any resulting technologies will be affordable and accessible to all.

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New policy paper on fundamental rights as a limit to copyright during emergencies

Posted by | May 14, 2020 | , ,

[Teresa Nobre] Today, Communia released a policy paper on fundamental rights as a limit to copyright during emergencies. This policy paper has been prepared in the context of the COVID-19 pandemic, which has caused a massive disruption of the normal organization of society in many EU countries. In our paper we defend that, in order to transpose education, research and other public interest activities from public locations to private homes during government-imposed lockdowns, we need to be able to rely on the understanding that fundamental rights can, in exceptional situations, function as an external limit to our national copyright systems.

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Open letter to the EU Ambassador to South Africa on copyright laws

Posted by | May 14, 2020 | , , ,

[Association for Progressive Communications and International Federation of Library Associations and Institutions] … stakeholders across South Africa have being waiting for many years for the update of the country’s copyright laws. With the last reform having taken place 40 years ago, there is a pressing need to bring laws into the digital age, as well as to address the significant problems around the governance of rightholder organisations set out by the Farlam Commission. The resulting bill achieves many of these goals.

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World leaders unite in call for a people’s vaccine against COVID-19

Posted by | May 14, 2020 | , ,

[UNAIDS Press Release] More than 140 world leaders and experts, including the President of South Africa and Chair of the African Union, Cyril Ramaphosa, the Prime Minister of Pakistan, Imran Khan, the President of the Republic of Senegal, Macky Sall and the President of the Republic of Ghana, Nana Addo Dankwa Akufo-Addo have signed an open letter calling on all governments to unite behind a people’s vaccine against COVID-19. The call was made just days before health ministers meet virtually for the World Health Assembly on 18 May. The letter, which marks the most ambitious position yet set out by world leaders on a COVID-19 vaccine, demands that all vaccines, treatments and tests be patent-free, mass produced, distributed fairly and made available to all people, in all countries, free of charge.

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New Leadership at WIPO

Posted by | May 11, 2020 | , ,

[Teresa Hackett] In May 2020, member states of the World Intellectual Property Organization (WIPO) appointed Mr Daren Tang to WIPO’s top job in Geneva. As leader of WIPO, the global body that sets international law and policy on intellectual property issues, the new Director General takes charge of an organization whose direction on copyright determines how libraries do their work, especially in the digital environment. In this blog, Teresa Hackett, EIFL Copyright and Libraries Programme manager introduces the new Director General and sets out hopes for libraries under his leadership. EIFL has congratulated Tang on his appointment.

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FDA: Release Research Data on Remdesivir for Emergency Use for Coronavirus Patients

Posted by | May 5, 2020 |

[Public Citizen Press Release] The U.S. Food and Drug Administration should promptly release all research data supporting Gilead Sciences’ request for emergency use of remdesivir for treatment of patients hospitalized with the coronavirus infection (COVID-19), Public Citizen said today in a Freedom of Information Act (FOIA) request to the agency.

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Research Data Alliance COVID-19 Guidelines and Recommendations

Posted by | May 4, 2020 | , ,

[EIFL] The Research Data Alliance (RDA) COVID-19 Working Group has released draft guidelines and recommendations for sharing research data in ways that support scientific research and policy making during public health emergencies. The group is calling for feedback on the draft guidelines. Feedback will inform the Working Group’s discussions and be incorporated into the next version of the guidelines and recommendations. You can post your feedback here. The deadline is 24 May.

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