Category: TPP

PIJIP Statement at the 42nd Session of the WIPO Standing Committee on Copyright and Related Rights

by | May 12, 2022 | , , ,

The Program on Information Justice and Intellectual Property provides the following comments and information related to the agenda items being considered at the 42nd session of the WIPO Standing Committee on Copyright and Related Rights. The comment includes sections on 1. our new study on research exceptions in comparative copyright, 2. limitations and exceptions in the broadcast treaty, and 3. the African Proposal for a Work Plan on limitations and exceptions.

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From Berne Convention History: Germany’s Stand on Copyright Limitations & Exceptions for Scientific and Educational Purposes

by | May 12, 2022 | ,

[Lokesh Vyas] During the initial meetings of the Berne Convention, Germany was very vocal about the rights of users and even proposed a separate right to use copyrighted works for education and scientific purposes without author’s consent. This proposal came through a questionnaire proposed by Germany on September 9th, 1884 meeting of the Convention wherein it used the term reciprocal right for using the copyrighted works for education and scientific purposes. This was later included in the draft as Article 8 named “Lawful reproduction of protected works in scientific or educational works”.

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Research Exceptions in Comparative Copyright

by | May 9, 2022 | , ,

[Sean Flynn, Luca Schirru, Michael Palmedo, and Andrés Izquierdo] Abstract: This Article categorizes the world’s copyright laws according to the degree to which they provide exceptions to copyright exclusivity for research uses. We classify countries based on the degree to which they have a research exception in their law that is sufficiently open to be able to permit reproduction and communications of copyrighted work needed for academic (i.e. non-commercial) text and data mining (TDM) research. We show that nearly every copyright law has at least one exception that promotes uses for research purposes. We find six different approaches to the provision of research exceptions that implicate application to TDM.

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19 Vaccines as Global Public Goods: Between Life and Profit

by | May 9, 2022 | , ,

[Katiuska King Mantilla and César Carranza Barona] Abstract: In the context of a health emergency like the COVID-19 pandemic, the global availability of and access to vaccines are imperative. This research paper provides an analysis from the perspective of international political economy, of the financing of COVID-19 vaccines and of the market strategies adopted by some of the companies that developed them. It notes that the development of vaccines was supported by substantial public funding from countries that later received preferential access to those vaccines through advance purchases. Despite such public support, the vaccines were not deemed as public goods but remained under the control of their developers.

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Patent Law and 3D Printing Applications in Response to COVID-19: Exceptions to Inventor Rights

by | May 9, 2022 | , , ,

[Muhammad Zaheer Abbas] Abstract: … This paper examines the issue of patent rights being at odds with access to critical 3D printable health technologies during COVID-19 crisis. It undertakes an in-depth analysis of the right to repair and calls for a clearer recognition of the right to repair exemption at the global level. It also evaluates the private and non-commercial use exception and proposes the use of a reasonably broad form of this exception to make it practically significant. It also considers the experimental use exception and calls upon WTO Member States to provide legislative clarity that a defence of an experimental use extends to repairs.

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Bulgaria Falls Into All the Traps Set by Article 5 of the CDSM Directive

by | May 6, 2022 | , ,

[Ana Lazarova] Abstract: With Article 5 of the CDSM Directive, the EU legislator aspired to remedy the inherited legal fragmentation in the area of copyright exceptions and limitations, by introducing a mandatory exception for the purpose of ‘illustration for teaching’ in the digital environment. Bulgaria already had an educational exception as per the InfoSoc Directive, which was rather broad, technology neutral and unrestricted in terms of its beneficiaries. Now, the ‘digital’ exception under Article 5 is being transposed in parallel with the pre-existing one, both provisions largely overlapping in scope and with no clear collision norms available. This is yet another national implementation showing that the new exception, initially envisaged as a mandatory minimum of user rights protection, would likely exacerbate, instead of remedy the fragmented legal landscape in the EU. It would appear that the regime under Article 5 may come to do a disservice to free use for educational purposes.

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A Study of Patent Thickets

by | May 2, 2022 | ,

[Bronwyn H. Hall, Christian Helmers, Georg von Graevenitz and Chiara Rosazza Bondibene] Executive Summary: This report analyses whether entry of UK enterprises into patenting in a technology area is affected by patent thickets in the technology area. The aim is to contribute to our understanding of the role of patent thickets as a barrier to entry into new technologies for UK enterprises, in particular small and medium sized enterprises (SMEs). The report consists of several parts: 1) a review of the literature on patent thickets, including the limited empirical evidence regarding effects of patent thickets on R&D investments and competition; 2) discussion of the factors contributing to thicket formation and growth; 3) an empirical evaluation of the extent to which patent thickets appear to be barriers to entry in some technology areas.

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Getting Ready for WIPO

by | May 2, 2022 | , ,

[Teresa Hackett] The 42nd session of WIPO’s Standing Committee on Copyright and Related Rights (SCCR), the global forum that sets international copyright law and policy, takes place in Geneva from 9 – 13 May 2022. It is the first full meeting since the start of the pandemic… Three topics of high importance to libraries will be discussed during the week: the impact of the COVID-19 pandemic on libraries and education, a draft treaty for the protection of broadcast organizations, and an exciting new proposal for a work programme at SCCR on limitations and exceptions (L&Es) for libraries and archives, education and research.

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Enabling the Future of Youth Research Through Copyright

by | Apr 27, 2022 |

[Sean Flynn] This year’s World Intellectual Property Day is being dedicated to the theme of youth empowerment. The focus is on recognition of the role of youth “stepping up to innovation challenges, using their energy and ingenuity, their curiosity and creativity to steer a course towards a better future.” Intellectual property exclusive rights may play some role in rewarding the innovative activities of youth. But more often, intellectual property exclusive rights may work in the other direction – posing a barrier to access and use protected materials that youth need to learn, innovate, and develop. This one reason why our attention to intellectual property on this day must include the limitations of and exceptions to intellectual property as well.

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Intellectual Property and Youth: Copyright Laws Must Advance the Right to Education

by | Apr 26, 2022 | ,

[Joint statement endorsed by 18 civil society groups] On the occasion of a World Intellectual Property Day focused on Intellectual Property and Youth, we call on governments to ensure that national and international copyright laws ensure the right to education for all. We applaud the choice of theme, which draws attention to the largest generation in history, who will be the driving force for sustainable and inclusive development. Yet, young people today are faced with considerable barriers to engage politically, economically and socially. Unfortunately, the COVID-19 pandemic has exacerbated preexisting challenges and created new obstacles that prevent youth and students from thriving. This has been particularly evident with regard to education.

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Patent Analysis for Medicines and Biotherapeutics in Trials to Treat COVID-19

by | Apr 26, 2022 | ,

[Srividya Ravi] This report provides an analysis of patents covering medicines in trials to treat COVID-19. The aim of the report is to support national patent offices and interested parties in developing countries with information that can serve as guidance for the examination of the claims contained in relevant patents or patent applications.

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An Examination of Selected Public Health Exceptions in Asian Patent Laws

by | Apr 22, 2022 | ,

[Kiyoshi Adachi] This study examines the variations within Asia of two exceptions to patent rights that are commonly justified under Article 30 of the World Trade Organization (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS Agreement), namely the research and experimentation exception and the regulatory review (or “Bolar”) exception. Both these exceptions are important in the context of the 2001 Doha Declaration on the TRIPS Agreement and Public Health insofar as they are designed to provide flexibility to protect public health and support countries’ overall scientific and technological aspirations. The study examines, from a comparative perspective, examples of these respective exceptions in patent legislation in South, Southeast and East Asia, and identifies peculiarities in the variations among countries in these sub-regions.

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What Is the Impact of Intellectual Property Rules on Access to Medicines? A Systematic Review

by | Apr 21, 2022 | , ,

[Brigitte Tenni, Hazel V. J. Moir, Belinda Townsend, Burcu Kilic, Anne‑Maree Farrell, Tessa Keegel and Deborah Gleeson] Abstract: It is widely accepted that intellectual property legal requirements such as patents and data exclusivity can affect access to medicines, but to date there has not been a comprehensive review of the empirical evidence on this topic. The World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires Member States to implement minimum standards of intellectual property protection including patents for pharmaceutical products, but also contains ‘flexibilities’ designed to address barriers to access to medicines. National intellectual property laws can also include TRIPS-plus rules that go beyond what is required by TRIPS. We aimed to systematically review literature that measures the impact of intellectual property rules on access to medicines, whether implemented as a result of TRIPS, TRIPS-plus provisions in other trade agreements, or unilateral policy decisions.

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Letter to Canadian Ministers Regarding Proposed Amendments to Copyright Law on Term of Protection and Education Exceptions

by | Apr 15, 2022 | ,

[Jointly signed by 25 Canadian IP scholars] As a group of Canadian Intellectual Property Law scholars, we write to express our deep concern regarding the reference in the 2022 Federal Budget to amendments to the Copyright Act. We strongly urge you to exclude the contemplated amendments to the Copyright Act from any Budget Implementation Bill and ensure that their enactment would follow the ordinary legislative process.

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Biological Patent Thickets and Delayed Access to Biosimilars, An American Problem

by | Apr 11, 2022 |

[Rachel Moodie and Bernard Chao] Abstract: Drug prices in the United States are higher than in other countries. Generic drugs offer one path to lower these prices. The Biologics Price Competition and Innovation Act (‘BPCIA’) was passed in 2010 to promote the entry of biosimilars, generic versions of a new class of biologic drugs. These drugs have proven to be effective at treating a variety of illnesses including various autoimmune diseases and cancers. But to date, few biosimilars have entered the U.S. market. Patent thickets covering biologic drugs may be one cause. Our study seeks to test this hypothesis by comparing patent assertions against the same biosimilar drugs in the United States, United Kingdom and Canada.

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Copyright and Digital Teaching Exceptions in the EU: Legislative Developments and Implementation Models of Art. 5 CDSM Directive

by | Apr 6, 2022 | , ,

[Giulia Priora, Bernd Justin Jütte & Péter Mezei] Abstract: Article 5 of the 2019 EU Directive on Copyright in the Digital Single Market (CDSM) attempted to modernize the regime of copyright exceptions and limitations related to teaching activities. Its aim is to enhance the flexibility behind permitted uses to the benefit of educational institutions regarding their digital and cross-border teaching. The pressing need for such a legislative reform was confirmed by the outbreak of the COVID-19 pandemic, which dramatically moved teaching environments to online platforms.

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Creative Commons Publishes Policy Paper: Towards Better Sharing of Cultural Heritage — An Agenda for Copyright Reform

by | Apr 5, 2022 |

[Brigitte Vézina] Over the past few months, members of the Creative Commons (CC) Copyright Platform along with CC friends from around the world have worked together to develop a policy paper addressing the key high-level policy issues affecting access and sharing of cultural heritage, notably by galleries, libraries, archives and museums (GLAMs). In this blog post, we provide some background on the paper and share a few highlights.

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