[IRTalk] FW: For Endorsement: Statement on Copyright and WTO COVID Waiver

[Leti Kleyn]

*From:* Sean Flynn <sflynn at wcl.american.edu>
*Sent:* Monday, March 15, 2021 5:56 PM
*To:* Leti Kleyn <leti.kleyn at up.ac.za>
*Subject:* For Endorsement: Statement on Copyright and WTO COVID Waiver



The undersigned sponsors invite broad dissemination of the Statement on
Copyright and Proposal of a Waiver from Certain Provisions of the
Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement for
the Prevention, Containment and Treatment of COVID-19 (IP/C/W/669) for
endorsements through March 18, 2021.

We will formally release the statement to the WTO and to the public (with a
broadly circulated press release) on March 22.

The full statement text (with citations) is available at: Statement on WTO
TRIPS Waiver https://tinyurl.com/TRIPSWaiverComm2
<http://go2.mailengine1.com/click/fof6-2dgd7b-pp2ct-f30bxtq0/>

Endorsements are being collected at
https://form.jotform.com/pijip/CopyrightWaiverStatement
<http://go2.mailengine1.com/click/fof6-2dgd7b-pp2cu-f30bxtq1/>

Endorsements are being sought by non-commercial organizations and any
individual.



*Statement on Copyright and Proposal of a Waiver from Certain Provisions of
the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement
for the Prevention, Containment and Treatment of COVID-19 (IP/C/W/669)*



For public release: March 22, 2021

Open for Endorsements: March 11, 2021 - March 18, 2021 -
https://form.jotform.com/pijip/CopyrightWaiverStatement
<http://go2.mailengine1.com/click/fof6-2dgd7b-pp2cv-f30bxtq2/>



We support the work and interests of millions of researchers, educators,
libraries, archives and museums around the world who are contributing to
the prevention, containment and treatment of the COVID-19 pandemic through
their promotion of access to knowledge.

We applaud the efforts of World Trade Organization (WTO) Members to address
copyright barriers to an equitable response to COVID-19.

Access to copyrighted works, in addition to patent and know-how, is needed
to prevent and contain COVID-19 and to develop treatments.

COVID-19 has aggravated deep inequalities in access to knowledge. In some
countries with flexible copyright systems, residents are able to access and
use essential materials in remote educational, learning and research
activities, virtually access and use the collections of libraries and other
institutions, and contribute to research on treatments using advanced
processes such as text and data mining.

But these activities are not taking place everywhere because they are not
lawful everywhere.

In too many countries, copyright laws do not enable remote digital uses of
works for essential activities. Educational uses are too often limited to
activities “within” educational institutions or in “face to face” teaching.
Uses of the collections of libraries and other public repositories are
often limited to “the premises” of such institutions.

In too many countries, researchers lack the rights they need to use the
most advanced research methodologies, such as text and data mining, to help
find and develop treatments to COVID-19. Indeed, the virus itself was
discovered by a text and data mining research project that would not be
lawful in many countries.

Inequity in the possibilities to use products of knowledge and culture
violates the right to health, to receive and impart information, to
education, to participate in cultural life, and to benefit from scientific
progress.

We strongly support international solidarity in addressing the copyright
barriers to the prevention, containment and treatment of COVID-19. It is
critical that research and other resources are made available immediately
everywhere in the world to use and build upon. Removing legal barriers to
knowledge is a key complement to efforts to remove patent and other
barriers needed for the massive, urgent scale-up of vaccine production.

We urge all WTO Members to endorse the TRIPS waiver proposal, including
provisions on copyright. Such a move will reflect the emergency that
COVID-19 presents. It will give vital reassurance to governments that they
may issue urgent edicts, adopt emergency interpretations of their laws, and
amend and otherwise overcome copyright hurdles to access to knowledge
needed to address the pandemic.

Adopting the TRIPS waiver is not enough. We call on the WTO and other
agencies in charge of promoting the public interest in access to and
production of knowledge to act urgently to further guide countries in
addressing copyright barriers to access to knowledge that have been
illuminated and magnified by COVID-19. Specifically, we call for urgent
action to clarify that all copyright and related rights treaties, including
the copyright provisions of the TRIPS Agreement:

   - Can and should be interpreted and implemented to respect the primacy
   of human rights obligations during the pandemic and other emergencies,
   including the rights to seek, receive and impart information, to education,
   and to freely participate in cultural life and share in scientific
   advancement and its benefits, while protecting the moral and material
   interests of authors;
   - Permit governments to protect and promote vital public interests
   during a health or other emergency;
   - Permit governments to carry forward and appropriately extend into the
   digital environment limitations and exceptions that are appropriate in the
   digital network environment, particularly during a health or other
   emergency.

*Signatories *

[see endorsements at https://tinyurl.com/TRIPSWaiverComm2
<http://go2.mailengine1.com/click/fof6-2dgd7b-pp2cw-f30bxtq3/>]



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