World IP Day
The World IP Day has been celebrated on 26 April since the year 2000. On this day, IPI traditionally announces the most remarkable events in the past year, positively or negatively impacting the IP field. Due to extreme circumstances brought upon by the COVID-19 pandemic, the field of IP saw numerous events, initiatives and calls for adaptation being brought forward.
Thus, IPI puts forward the following events as the most noticeable:
- Numerous individuals and organizations representing researchers, educators and students sent an open letter to WIPO, urging for action to be taken in order to ensure that copyright systems in the Member States offer support in tackling the Coronavirus outbreak and its consequences (more in our post “Open letter: WIPO should react to COVID-19 accordingly”);
- LIBER (Association of European Research Libraries) published a statement, calling upon EU Member States’ governments, European Commissioners, publishers, authors and their trade bodies to enable open and remote access to educational and research materials in order to properly react to changes introduced with the new coronavirus pandemic (more in our post “LIBER calls for open access to knowledge during the pandemic”);
- Distant learning and access problems, occurring due to the pandemic, clearly indicated why the new EU Copyright Directive 2019/790 implementation needs to be fast and good (more in our post “Extraordinary conditions show the necessity for fast and good implementation of the new Directive”);
- Strict governmental measures adopted as the answer to the coronavirus pandemic raised important questions, whether the current situation demands that we renounce our privacy rights (more in our post “Fighting the pandemic by renouncing our privacy?”).
Among all, the most noticeable event is the “Open COVID Pledge”, which is already producing tangible results. Under the auspices of Creative Commons, the international coalition of scientists, lawyers, entrepreneurs and individuals organized an “Open COVID Pledge”, calling upon rightsholders to enable open access to their Intellectual Property during the pandemic in order to help curb the virus spread. IPI has already supported the “Open COVID Pledge” (more in our post “Open COVID Pledge”).
We here at IPI hope that everyone gets through these difficult times as soon as possible and that we learn to understand the importance of open access to knowledge and the ability to freely use knowledge for research and education for the benefit of our society as a whole.
Ministry of Justice held a virtual conference on the regulation of artificial intelligence, ethics and fundamental rights
The discussion in the first panel was led by Dr Maja Bogataj Jančič, who is co-chair of the Data Governance Working Group at the Global Partnership for Artificial Intelligence (GPAI). The second panel was chaired by Gregor Strojin, Chair of the Council of Europe’s Ad hoc Committee on Artificial Intelligence (CAHAI). The speakers focused mainly on the proposal for the Artificial Intelligence Act. In addition to the regulatory activities currently underway at the Council of Europe and the EU, the OECD and UNESCO also presented their activities.
The European Court of Justice (CJEU) has finally (almost a year since the Advocate General opinion, on which IPI already reported) issued a ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. 3(1) InfoSoc Directive. Even though the CJEU, in its ruling, refrained from engaging with the DSM Directive’s Article 17, the judgment is still highly significant, as it comms at a time when the fundamental rights compatibility of Art. 17 DSM Directive is in question, and very few Member States have implemented the DSM Directive, including Slovenia, where the public debate ended on 28th of June, 2021.
On 15th of July Advocate General Saugmandsgaard Øe has issued an Opinion on Case C-401/19, the Polish request to annul Article 17 of the DSM directive. Since the opinion provides an important clarification on user rights safeguards, COMMUNIA is organising a special lunch edition of COMMUNIA salon, on Wednesday, the 21st of July at 1300, on which these clarifications will be analysed.
On 20 July 2021, the Ministry of Justice of the Republic of Slovenia will host a virtual conference focusing on the effective protection of fundamental rights in the regulation of artificial intelligence in Europe and beyond. The event will be moderated by Dr. Maja Bogataj Jančič, LL.M., LL.M., founder and head of the Institute for Intellectual Property, who is also the Co-Chair of the Data Governance Group at the Global Partnership for Artificial Intelligence (GPAI).