Temporary waiver of intellectual property rights should not apply only to patents
COVID 19 jumps over all the walls and does not know the difference between rich and poor, and this is why solidarity is necessary, even through the temporary waiver of intellectual property rights. When will the EU follow this example? And why it’s important that the waiver doesn’t apply just to patents. This was explained by dr. Maja Bogataj Jančič to Nataša Briška and Aljaž Pengov Bitenc, who invited her to the European Quarter.
In October last year, India and the Republic of South Africa proposed to temporarily waiver of intellectual property rights under TRIPS in order to overcome COVID-19. Developed countries were not in favor of this proposal. In May, however, the US administration surprised and supported the efforts of underdeveloped countries with a statement of a representative of the U.S. Trade Representative’s Office Katherine Tai. Dr. Maja Bogataj Jančič sees the US move as reasonable, yet she pointed out that patents alone are not an obstacle in the fight against COVID-19. The EU must now take the right step.
You are kindly invited to listen to the podcast, which is available here.
On 23 September 2021, AG Hogan delivered his Opinion in the C-433/20 Austro-Mechana case which concerns the exception and limitation of copyright from Article 5(2)(b) of the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc Directive), specifically in regards to the private copying exception. The AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable.
Today, on the October 8th, 2021, 55 organizations signed and sent the letter to Delegations, supporting the Wikimedia Foundation’ application for observer status at World Intellectual Property Organization (WIPO). The latter is a response to Chinas blocking of the Wikimedia Foundation’s bid for observer status at the WIPO for the second time after the Foundation’s initial application in 2020. The signatories of the latter, including Intellectual Property Institute (IPI), called on Delegations to do everything in their power to facilitate admission of the Wikimedia Foundation at the next series of meetings of the WIPO Assemblies, without any further delays.
On the 29th of September, 2021, UNESCO held the OER Dynamic Coalition Webinar, which highlighted the importance of harnessing Open Educational Resources (OER) to strengthen access to information in the context of the International Day for Universal Access to Information (IDUAI) 2021 celebrations. The webinar explored perspectives on regulatory frameworks related to copyright for educational materials. In this respect, dr. Maja Bogataj Jančič, LL.M., LL.M. presented a study on Remote education during the pandemic – Teachers’ Perspective conducted in seven countries.
A Proposal to leverage Article 17 to build a public repository of Public Domain and openly licensed works
Julia Reda (Gesellschaft für Freiheitsrechte) and Paul Keller (Open Future) have recently published a white paper, that proposes to build a public repository of Public Domain and openly licensed works, and to use Article 17 of the DSM Directive as leverage to create such a repository. The white paper was presented on Tuesday during the “Protecting Open Licenses in the EU Copyright Reform” session at the Creative Commons global summit.