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Non-Patent Intellectual Property Barriers To Covid-19 Vaccines, Treatment And Containment, Sean Flynn, Erica Nkrumah, Luca Schirru
Non-Patent Intellectual Property Barriers To Covid-19 Vaccines, Treatment And Containment, Sean Flynn, Erica Nkrumah, Luca Schirru
Joint PIJIP/TLS Research Paper Series
As the World Trade Organization considers a proposal to waive or otherwise address intellectual property barriers to the global response to the COVID-19 pandemic, most of the attention given by scholars and policy makers has been focused on patents. The original proposals by South Africa and India, as well as the groundbreaking support of the United States, however, explicitly applied to all forms of intellectual property. This paper documents many instances where non-patent forms of intellectual property create barriers to the global scale up of access to vaccines, treatments, and the ability to contain the virus through social distancing. Addressing …
Research Exceptions In Comparative Copyright Law, Sean Flynn, Michael Palmedo, Andrés Izquierdo
Research Exceptions In Comparative Copyright Law, Sean Flynn, Michael Palmedo, Andrés Izquierdo
Joint PIJIP/TLS Research Paper Series
Recent scholarship has highlighted the positive impact on scholarship of copyright exceptions for text and data mining and of more “open” exceptions for research uses. Until now, however, there has not been a collection and categorization of the world’s copyright laws according to the degree to which they provide exceptions for research. In this report, we release the results of the first such study. We show that every copyright law in the world has at least one exception to promote research uses of copyrighted works, but that such exceptions vary widely between countries. We conclude that the world’s exceptions for …
The Missing Goal-Scorers In The Artificial Intelligence Team: Of Big Data, The Fundamental Right To Research And The Failed Text And Data Mining Limitations In The Csdm Directive, Christophe Geiger
Joint PIJIP/TLS Research Paper Series
This article argues that recent strategies of the European Union in the field of Artificial Intelligence (AI) resemble a football team missing a goal-scorer to win any of the competitions with other jurisdictions having more flexible limitations to copyright, in particular with those allowing robust text and data mining (TDM) activities. It analyses the TDM limitations newly introduced in EU copyright law by the Directive on Copyright in the Digital Single Market to show that these provisions not only fail to take duly into account the right to research grounded in the fundamental right to information, but also will not …