Author: InfoJustice Eds.

WIPO SCCR 43: Notes from the Centre for Internet & Society-India

[Shweta Mohandas] Day 1: Member states delivered opening statements and deliberated on the progress, substantive provisions, and method of work on the draft broadcasting treaty text. This blog post summarises positions and contentions that supported: 1)The need for balance between rights of broadcasters and that of users and researchers 2) Questions around fixation and signal piracy 3) Need for consensus and towards a diplomatic conference.

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New Partnerships – A Right to Research in Africa

[Teresa Hackett] A major conference co-organized by EIFL, with national and international partners, took place in South Africa on 23-27 January 2023. ‘A Right to Research in Africa? A Week of Debates on Copyright and Access to Knowledge’ was attended by over 280 legal academics, researchers, librarians, policy-makers and Geneva-based diplomats from over a dozen countries in Africa and beyond. It was the first time these diverse groups, connected by a common interest in copyright, came together to hear and to learn from each other about the copyright framework needed to support modern research.

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Sens. Jayapal, Warren Call on Patent Office to Take Critical Steps to Lower Drug Prices and Fight Big Pharma’s Patent Abuse

[Office of Senator Pramila Jayapal] U.S. Representative Pramila Jayapal (D-Wash.) and U.S. Senator Elizabeth Warren (D-Mass.) sent a letter to Kathi Vidal, Director of the United States Patent and Trademark Office (USPTO), calling on USPTO to take immediate action and use its existing administrative authorities to help lower drug prices and hold pharmaceutical companies accountable for anti-competitive business practices. The lawmakers outline six specific actions that the USPTO should take. 

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A Great Week at WIPO

[Teresa Hackett] The 43rd session of WIPO’s Standing Committee on Copyright and Related Rights (SCCR), that sets international copyright law and policy, took place in Geneva from 13 – 17 March 2023. More than 35 civil society advocates from five continents (Asia, Africa, Europe, North and South America), members of the recently formed coalition on Access to Knowledge (A2K), participated in the meeting. The results were positive. I was there throughout the week representing EIFL with Dick Kawooya, University of South Carolina, USA, and expert advisor Professor Anthony Kakooza, Makerere University, Uganda. Here are the highlights.

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Nigeria’s New Copyright Act 2022: How Libraries Can Benefit 

[Desmond Oriakhogba] In October 2021, I wrote about the Nigerian copyright law reform process… The reform process is now complete with the recent assent to the Bill, as the Copyright Act 2022, by the Nigerian President. The Act introduces a new vista in Nigerian copyright law as it repeals the Copyright Act 2004. How can libraries in Nigeria benefit from the Copyright Act 2022?

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Civil Society Letter to UK Secretary of State on UK-India FTA

[Letter endorsed by 208 Civil Society groups] We write to you as representatives of health organisations, patient groups, civil society and community organisations from across the globe to raise concerns over the negotiations between the UK and India on an ongoing free trade agreement. The leaked text of a chapter on Intellectual Property (IP) presents serious challenges to access to pharmaceutical products globally. While we recognise that the leaked text may not reflect the current state of demands from the UK on this topic, the lack of transparency leaves us without assurances that all damaging provisions will be removed from the list of demands your team is putting forward.

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Health Civil Society Organization Statement on Kenya-US STIP

[Joint statement endorsed by 11 Kenyan Civil Society Organizations] This statement is in reference to the Statement on the Kenya – United States First Round of the Strategic Trade and Investment Partnership Talks… without endorsing the negotiations, we would like to take this opportunity to congratulate the Ministry for ensuring that intellectual property is not one of the identified areas of negotiation. We would like to urge the Ministry to ensure that this position is maintained throughout these negotiations.

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2022: ANOTHER GOOD YEAR FOR THE MARRAKESH TREATY

[Electronic Information for Libraries] Access to knowledge for millions of people around the world who are blind or otherwise print disabled continued to grow in 2022 with eight more countries – including three EIFL partner countries – joining the Marrakesh Treaty for persons with print disabilities, administered by the World Intellectual Property Organization (WIPO).

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Cystic Fibrosis: Court Battle Looms Over Life-Saving Drug

[Faith Mutizira] Without treatment, Cystic Fibrosis patients often die in infancy, and their life expectancy is just 20 years in South Africa… A new class of medicines has revolutionised treatment and significantly extended the life expectancy of patients in several high-income countries. However, Vertex Pharmaceuticals, an American company, holds intellectual property (IP) monopolies on all of these drugs – known as CFTR modulators. The extremely high prices they set on elexacaftor/ivacaftor/tezacaftor (Trikafta/Kaftrio) drugs have led to global controversy and huge inequalities of access… Cheri Nel, a South African CF patient, submitted papers to the Gauteng High Court in Johannesburg seeking a compulsory licence – a form of IP flexibility – on Trikafta.

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UK Government Axes Plans to Broaden Existing Text and Data Mining Exception

[Eleonora Rosati]… In mid-2022, the UK Intellectual Property Office (IPO) announced that Government would consider broadening the scope for unlicensed TDM activities and introduce a new E&L that would allow TDM for any purpose (including commercial TDM), subject to a lawful access requirement to the relevant copyright works and other protected subject-matter. The latest news, however, is that such a reform will not go ahead. Indeed, yesterday the UK Minister for Science, Research and Innovation confirmed that any such plans have now been axed…

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SIGN THE COPYRIGHT BILL, EIFL URGES NIGERIAN PRESIDENT

[Electronic Information for Libraries] EIFL has written to the President of Nigeria, His Excellency Muhammadu Buhari, requesting that he sign the Copyright Bill 2022 (SBs. 688 & 769) into law at the earliest opportunity. The Bill, which was passed by the National Assembly on 22 July 2022, overhauls and modernizes Nigeria’s copyright system. It supports the use of works in the digital environment to help foster a creative, technology-friendly ecosystem, and introduces new exceptions for libraries, education and people with disabilities.

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Wikipedia Is Built On The Public Domain

[Stephen LaPorte] Wikipedia is built to be shared and remixed. This is possible, in part, thanks to the incredible amount of material that is available in the public domain. The public domain refers to a wide range of creations that are not restricted by copyright, and can be used freely by anyone… There are three basic ways that material commonly enters the public domain.

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The Italian Implementation of the New EU Text and Data Mining Exceptions

[Deborah De Angelis] The legislative decree implementing the CDSM Directive in Italy was adopted on November 8th, 2021, and published in the Gazzetta Ufficiale on November 27th. It came into force on December 12th, 2021, amending the Italian Copyright Law. This blog post analyses the implementation of the copyright exceptions for Text and Data Mining, which is defined in the Italian law as any automated technique designed to analyse large amounts of text, sound, images, data or metadata in digital format to generate information, including patterns, trends, and correlations (Art. 70 ter (2) LdA). As we will see in more detail below, the Italian lawmaker decided to introduce some novelties when implementing Art. 3, while following more closely the text of the Directive when implementing Art. 4.

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The Role of Copyright Law in Text and Data Mining Research

Natasha Karanja & Chebet Koros] When evaluating the copyright ecosystem within the African continent, a perceived imbalance is identified, where researchers face barriers in accessing materials protected by copyright.1 It has been claimed that African copyright regimes do not accommodate public interests because they do not support the research of various stakeholders, specifically within the new era of Artificial Intelligence research. For this reason, and according to one African scholar, African copyright regimes are considered “not fit for purpose”.2 The majority of the African copyright laws provide for a closed list of copyright exceptions, with none applying specifically to Text and Data Mining research.3 This article will define what Text and Data Mining (TDM) research is, its benefits, and outline the role of copyright in TDM research within the Kenyan context vis a vis other countries’ perspectives.

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Left on Our Own: COVID-19, TRIPS-Plus Free Trade Agreements, and the Doha Declaration on TRIPS and Public Health

[Melissa Omino and Joanna Kahumbu] The cusp of the twentieth anniversary of the WTO Doha Declaration on the TRIPS Agreement and Public Health (hereafter “the Declaration”) was marked by a global pandemic. The Declaration and its iteration in the Agreement on Trade Related Aspects of Intellectual Property Rights (hereafter “TRIPS”) Article 31 bis, should have helped to contain the devastation in least developed and developing countries. The reality is that the pandemic is still ongoing, and the Global South led by South Africa and India are seeking a waiver of provisions to the TRIPS Agreement to ensure that COVID-19 therapeutics, diagnostics, and vaccines reach their citizens in order to contain the spread of the COVID-19 virus.

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The Copyright Experience of the University of the South Pacific: a Union Perspective

[Elizabeth Reade Fong] Legislation is meant not only to protect but to bring equity. And copyright legislation is not meant to be any different. However, the reality on the ground in a developing country like Fiji has only reinforced the inequity of access to and, more importantly, the use of information for learning and teaching and research for libraries and educational institutions. The pandemic exacerbated the situation!

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India-UK FTA Leaked Draft Reveals Nobody’s Gain Except Big Pharma

[Shirin Syed] The draft of the UK-India Free Trade Agreement (FTA) chapter on intellectual property, leaked on October 31, reveals that there are several TRIPS-plus provisions which will devastate the global supply of generic medicines. The FTA contains harmful IP provision such as diluting the patentability standards, overriding section 3(d) of the Indian Patents Act and eliminating pre-grant opposition. If implemented, these provisions would pose a serious threat to the accessibility and affordability of medicines in India and globally.

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Reading Sec. 52(1)(za) of the Copyright Act 1957

[Arul George Scaria] Abstract: Sec. 52(1)(za) of the Copyright Act 1957 is an important exception provision under the Indian copyright law. It exempts from copyright infringement liability public performance and communication to the public of certain types of copyrighted works in the course of bonafide religious ceremonies and official ceremonies… Recently, a copyright infringement case was initiated before the Delhi High Court by Phonographic Performance Limited (PPL), which issues licenses for public performance of sound recordings assigned to it by copyright holders, against Lookpart Exhibitions and Events Private Limited (Lookpart), which provides event management services for different social events including weddings.

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Global Civil Society Coalition Promotes Access to Knowledge

[Communia Association] Today, the A2K Coalition is launching its website with demands for education, research and cultural heritage… The members of the A2K Coalition represent educators, researchers, students, libraries, archives, museums, other knowledge users and creative communities around the globe. Our individual missions are varied but we all share a vision of a fair and balanced copyright system. Click here for more.

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South African Constitutional Court Rectifies Copyright Discrimination for People with Disabilities

[Sanya Samtani] In a unanimous judgment, the Constitutional Court of South Africa confirmed the Pretoria High Court’s finding that the Copyright Act 1978 is unconstitutional and unfairly discriminatory to the extent that it fails to provide for for people with visual and print disabilities. This vindicates a decades-long struggle by BlindSA, the applicants, represented by SECTION27. It is also the first instance of a Constitutional Court requiring copyright legislation to provide for an accessible format shifting provision on the basis that constitutional rights are limited by overly restrictive copyright laws.

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