As pandemic raged, global south lacked vaccines. Never again, researchers vow.; The Washington Post, July 16, 2023

 Amy Maxmen , The Washington Post; As pandemic raged, global south lacked vaccines. Never again, researchers vow.

"Once it became clear that wealthy nations would help themselves to coronavirus vaccines long before poorer nations had access, researchers across Africa, Asia and South America banded together with the World Health Organization. Never again, they vowed, would they allow themselves to be at the mercy of the Western world while a deadly pathogen tore through their regions...

Called the mRNA vaccine technology transfer hub, a mouthful meant to reflect their intention to share mRNA technology, the initiative is distinct from the typical, competitive mode of drug development in which companies keep discoveries secret."

How the intellectual property monopoly has impeded an effective response to Covid-19; The Conversation, February 14, 2022

Salam Alshareef; The Conversation ; How the intellectual property monopoly has impeded an effective response to Covid-19

"As of October 2021, only 0.7% of all manufactured vaccine doses had gone to low-income countries. Manufacturers had delivered 47 times as many doses to high-income countries as they had to low-income countries.

Since its inception, COVAX, the UN-backed initiative dedicated to promoting access to Covid vaccines, has struggled to obtain doses. It recently passed the 1 billion doses delivered – half way to its goal of delivering 2 billion doses by the end of 2021. Indeed, AstraZeneca, Pfizer/BioNTech, Moderna, and Johnson & Johnson have delivered between 0% and 39% of their already inadequate commitments to COVAX in 2021.

The Global Commission for Post-Pandemic Policy, meanwhile, estimates that while Asia and Europe will be able to fully vaccinate 80% of their populations by March 2022 and North America by May 2022, Africa will not reach 80% at current rates until April 2025."

Intellectual property in a post-pandemic future part I - The world has become more IP-intensive; Lexology, December 31, 2021

Bird & Bird LLP, Lexology; Intellectual property in a post-pandemic future part I - The world has become more IP-intensive

"The coronavirus pandemic surprised the world a couple of years ago and forced people to adapt to exceptional circumstances. At the start of this series of articles, the return to the “new normal” has already been canceled once due to the omicron variant, and the old saying about the certainty of change feels very concrete.

A great deal has also happened in the field of intellectual property assets during the pandemic. I will discuss these, perhaps to some degree surprising, changes in the following series of articles, the first part of which concerns IP protection activity and its effects during the coronavirus era. In the second part, I will proceed to address the IP cultures of businesses which are nowadays seen as an increasingly significant part of the IP strategies of corporations. The third and final section of the series is dedicated to IP issues regarding sustainable development. All the themes mentioned show that even in the field of IP rights, only change is permanent and succeeding in a changing IP field requires companies to adapt a considerably more active and conscious frame of mind."

Intellectual-Property Assets Are Getting More Valuable; The Wall Street Journal, August 19, 2020

; Intellectual-Property Assets Are Getting More Valuable 

Covid-19 highlights importance of intellectual-property assets, particularly what happens with licensing contracts if a company goes out of business

"Intellectual-property assets such as brand names, customer data and trademarks are gaining value as the Covid-19 pandemic upends traditional models for retailers, restaurants and other struggling businesses."

Will Online College Courses Help Reduce Textbook Prices?; Forbes, August 7, 2020

Robert Farrington, Forbes; Will Online College Courses Help Reduce Textbook Prices?

"Sympathetic professors often don’t even require textbooks at all, or they make it easy for students to access materials online — and this was even before the pandemic took hold. 

Movement To Open Educational Resources (OER)

Schools who planned to transition online this year due to Covid-19 had the entire summer to figure out ways to present their materials, whether that includes Zoom meetings, message boards, their own platforms, or the many other options available. It’s likely that some of them will have moved a lot of their course material entirely to the web, which could eliminate the need for physical textbooks altogether for some classes. 

But there was a major move toward free college textbooks that predates the pandemic, according to Brian Galvin, the Chief Academic Officer for Varsity Tutors. Galvin says that the biggest lever colleges have to pull is the popularity of the Open Educational Resources (OER) movement, which has seen professors choose to teach courses using e-textbooks that are essentially "open-source" and made available by nonprofits that aim to reduce the cost of learning."

Australia to reform copyright laws in face of digital and COVID-19 world; ZDNet, August 13, 2020

Campbell Kwan , ZDNet; Australia to reform copyright laws in face of digital and COVID-19 world

The changes include a new fair dealing exception that allows cultural and educational institutions, governments, and other persons engaged in public interest or personal research to quote copyright material.

"The Australian government has announced it will make reforms to the nation's copyright laws in a bid to better support the needs of Australians in an increasingly digital environment.

The decision comes after two years of industry consultation and is the government's response to copyright recommendations made by the Productivity Commission four years ago...  

"The need for change has been further highlighted during COVID-19, with schools, universities, cultural institutions, and governments moving more services online."  

The proposed copyright reforms are focused on five main measures: Introducing a limited liability scheme for use of orphan works; a new fair dealing exception for non-commercial quotation; amendments to library and archives exceptions; amendments to education exceptions; and streamlining the government's statutory licensing scheme."

Intellectual Property and Education in the Age of COVID-19; Research Symposium, QUT Faculty of Law via infojustice.org, July 29, 2020

Matthew Rimmer, Research Symposium, QUT Faculty of Law via infojustice.org; Intellectual Property and Education in the Age of COVID-19

"Overview

This event will consider the relationship between intellectual property and higher education in the age of the public health crisis over the coronavirus COVID-19. It will bring together scholars, experts, and practitioners in law, business, and education, and examine this topic from a range of disciplinary perspectives.

Universities and educational institutions will play a key role in our local, national, and global response to the public health crisis of the coronavirus COVID-19. Professor John Shine — the President of the Australian Academy of Science — has stressed: ‘As a repository of knowledge, networks, infrastructure and smart, agile people, university science has the capacity to address global challenges.’ Shine suggests: ‘People trained by university science and working within the research sector are the people whose expertise will deliver on this global challenge.’ He has concluded: ‘It’s the capacity to innovate in our university science that will bring us through this crisis.’

This symposium will consider the role of universities and educational institutions as creators, intermediaries, and users of copyright work. It will also examine how universities rely upon trade mark law, branding, marketing, and Internet Domain Names. This symposium will explore the role of universities in respect of research, development and deployment of patented inventions in key fields — including agriculture, biotechnology, medicine, and clean technologies. This event will also consider the tension between the open access culture of universities, and the push towards the protection of trade secrets and confidential information. It will look at recent concerns about the cyber-hacking of universities, educational establishments, and research institutions.

This symposium will also provide an Australian launch of Professor Jacob Rooksby’s Research Handbook on Intellectual Property and Technology Transfer (Edward Elgar, 2020) — which includes a contribution from a QUT researcher on intellectual property, 3D printing, and higher education."

Internet Archives Fires Back in Lawsuit Over Covid-19 Emergency Library; Vice, July 29, 2020

Matthew Gault, Vice; Internet Archives Fires Back in Lawsuit Over Covid-19 Emergency Library

"In a brief filed in a New York district court on Tuesday night, the Internet Archive fired back in response to a lawsuit brought against it by five of the world’s largest publishers. The lawsuit seeks to shut down an online National Emergency Library started by the Internet Archive during the Covid-19 pandemic and levy millions of dollars in fines against the organization."

Internet Archive to Publishers: Drop ‘Needless’ Copyright Lawsuit and Work with Us; Publishers Weekly, July 23, 2020

Andrew Albanese, Publishers Weekly; Internet Archive to Publishers: Drop ‘Needless’ Copyright Lawsuit and Work with Us

"During a 30-minute Zoom press conference on July 22, Internet Archive founder Brewster Kahle urged the four major publishers suing over the organization’s book scanning efforts to consider settling the dispute in the boardroom rather than the courtroom.

“Librarians, publishers, authors, all of us should be working together during this pandemic to help teachers, parents, and especially students,” Kahle implored. “I call on the executives of Hachette, HarperCollins, Wiley, and Penguin Random House to come together with us to help solve the challenging problems of access to knowledge during this pandemic, and to please drop this needless lawsuit.”

Kahle’s remarks came as part of a panel, which featured a range of speakers explaining and defending the practice of Controlled Digital Lending (CDL), the legal theory under which the Internet Archive has scanned and is making available for borrowing a library of some 1.4 million mostly 20th century books."

Attorney Gregory S. DeSantis Breaks Down Copyright Law—and Just What Constitutes 'Fair Use'; Playbill, July 21, 2020

Gregory S. DeSantis, Playbill; Attorney Gregory S. DeSantis Breaks Down Copyright Law—and Just What Constitutes 'Fair Use'

"With theaters of all sizes closed, performing artists find themselves at home with an uptick in weekly screen time. Entrepreneurial-minded performers are attempting to benefit from this trend by producing more digital content than before. As a result, a lot of exciting streaming content has emerged during the COVID-19 pandemic from Star Wars-themed ballet classes to at-home musicals. However, anyone using another copyright- or trademark-protected work risks receiving cease and desist letters, monetary fines and potentially imprisonment when incorporating protected content into their online brand."

Proposals for Copyright Law and Education During the COVID-19 Pandemic; infojustice, June 9, 2020

Emily Hudson and Paul Wragg, infojustice; Proposals for Copyright Law and Education During the COVID-19 Pandemic

"Abstract: This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the CDPA, including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing, and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material."

Has COVID-19 changed the face of tech ethics forever?; IDG, April 23, 2020

Pat Martlew, IDG; Has COVID-19 changed the face of tech ethics forever?

"So, are the more heavy-handed approaches worth implementing if it leads to lives being saved? Prominent technologist and tech ethics expert Anne Currie says that while she wouldn't necessarily advocate for China's approach, there is a degree to which ethical considerations must be eased if we are to save a considerable number of lives.

"Tech ethics in the good times and tech ethics in the bad times are extremely different. When you've got hundreds of thousands of lives on the line, we all do occasionally need to suspend some of our privileges. That is just the reality of the situation," she says

"Right now, we are in a battle. We're in a battle with an implacable other. We're not battling with a competitor at work and we're not battling with another country, as difficult as that may be. We are battling with a virus that doesn't care at all about us. It doesn't care about fairness, diversity, privacy, or any of the good things that we generally value. It will just kill us if we don't act and that has changed where our priorities lie, which is the right thing to happen."   

Permanent impact

While Currie says that the focal point of tech ethics up until this point has been privacy, she expects that this will shift as priorities become more about keeping people from dying, which can be facilitated by things like mass surveillance. She says this is set to have rather permanent ramifications on tech ethics in general, with discussions of privacy coming across as somewhat irrelevant as the sphere changes. Currie argues ethicists will then pivot their conversations away from keeping data private, and more towards how a society with a higher degree of surveillance and monitoring should work, keeping their eyes on events and encouraging people to question them."

Open Access, Open Source, and the Battle to Defeat COVID-19; JD Supra, April 22, 2020

PerkinsCoie, JD Supra; Open Access, Open Source, and the Battle to Defeat COVID-19

"No legal development over the past decades has had a greater impact on the free flow of information and technology than the rise of the open access and open source movements. We recently looked at how AI, machine learning, blockchain, 3D printing, and other disruptive technologies are being employed in response to the coronavirus pandemic; we now turn to how two disruptive legal innovations, open access and open source, are being used to fight COVID-19. Although the pandemic is far from over, there are already promising signs that open access and open source solutions are allowing large groups of scientists, healthcare professionals, software developers, and innovators across many countries to mobilize quickly and effectively to combat and, hopefully, mitigate the impact of the coronavirus."

Protecting intellectual property still matters in a pandemic; Washington Examiner, April 21, 2020

Kevin Mooney, Washington Examiner; Protecting intellectual property still matters in a pandemic

"With businesses now under pressure as a result of COVID-19, they can hardly afford to absorb the costs associated with patent allegations that cannot be substantiated under close scrutiny. 

That’s why it’s important to preserve a trial-like procedure organized within the U.S. Patent and Trademark Office that makes it possible to review the legitimacy of patents through a streamlined, cost-effective process that avoids expensive litigation. 

Unfortunately, some lawmakers (such as Democratic Sen. Chris Coons of Delaware) are pushing legislation that would gut and dilute what is known as the inter partes review process, which provides important safeguards against patents that should not have been issued. 

A better solution would be for policymakers to provide those businesses harmed by the coronavirus with greater assurances and predictability. They can do this by defending and strengthening the inter partes review process as a tool to eliminate low-quality, wrongly granted patents that harm the economy, stifle innovation, and cost jobs. 

There’s no disputing the fact that patent examiners are overburdened. Government records show that in 2018, there were 640,000 patent applications filed, but fewer than 8,200 patent examiners available to do a thorough review. On average, patent examiners only have about 19 hours to evaluate a patent application. Under these time constraints, a handful of ill-conceived applications are approved."

OSU making intellectual property available to help fight COVID-19; KTVZ.com, April 22, 2020

KTVZ.com; OSU making intellectual property available to help fight COVID-19

"Oregon State University is joining universities and academic health centers nationally in making licensing agreements for its intellectual property quickly executable to speed up the development of technologies that can be used to diagnose, treat and prevent COVID-19.

The COVID-19 Technology Development Framework, spearheaded by Stanford, Harvard and Massachusetts Institute of Technology, was introduced earlier this month and includes 14 other research institutions across the United States as of April 20.

Researchers at Oregon State and throughout the U.S. will be able to build on concepts generated by other scientists, making the path easier for companies trying to develop new technologies to detect, monitor, prevent and treat the sickness caused by the novel coronavirus...

Below is the full text of the COVID-19 Technology Development Framework:"

Open COVID Pledge: Removing Obstacles to Sharing IP in the Fight Against COVID-19; Creative Commons, April 7, 2020

Diane Peters, Creative Commons; Open COVID Pledge: Removing Obstacles to Sharing IP in the Fight Against COVID-19

"Creative Commons has joined forces with other legal experts and leading scientists to offer a simple way for universities, companies, and other holders of intellectual property rights to support the development of medicines, test kits, vaccines, and other scientific discoveries related to COVID-19 for the duration of the pandemic. The Open COVID Pledge grants the public free, temporary access to IP rights in support of solving the COVID-19 crisis, removing unnecessary obstacles to dissemination of the knowledge and inventions that could save lives and limit suffering."

Hospital Technicians Ignore Copyright Law to Fight COVID-19; Reason, April 13, 2020

Paul Detrick, Reason; Hospital Technicians Ignore Copyright Law to Fight COVID-19

"A right-to-repair movement has been fighting to change federal copyright law—or to pass state-level laws that let people fix their own devices. But medical device companies fought back with letters to lawmakers, saying right-to-repair laws could endanger the lives of patients if devices were fixed improperly by untrained personnel."

The Open COVID Pledge: What Is It and Is It Right for You?; The National Law Review, April 14, 2020

Theresa Rakocy, The National Law Review; The Open COVID Pledge: What Is It and Is It Right for You?

"Enter one possible solution: The Open COVID Pledge. A group of scientists, lawyers, and entrepreneurs developed the Open COVID Pledge to encourage businesses and research facilities to make their intellectual property available for use in the fight against COVID-19. The idea behind the Open COVID Pledge is to allow open sharing of intellectual property and technology to end the pandemic without the need for timely and costly licenses or royalty agreements. The initiative comes at a time when researchers and companies alike are surging ahead with ways to combat and end COVID-19. In its Press Release, the individuals behind the Open COVID Pledge explain that the license is needed because “enabling individuals and organizations across the world to work on solutions together, without impediments, is the quickest way to end this pandemic.”...

As COVID-19 continues to spread worldwide, with the number of new cases each day still increasing in most countries, research and the development of new technologies to combat and eradicate COVID-19 has blossomed. As discussed in an earlier post, countries and companies are looking for ways to contribute, with many now making available and expanding access to their intellectual property. The balance between access and protection of intellectual property, however, is delicate."

Brands, T-shirt makers line up to trademark coronavirus pandemic; USA Today, April 7, 2020

Nick Penzenstadler, USA Today; Brands, T-shirt makers line up to trademark coronavirus pandemic

"[Josh] Gerben [a Washington intellectual property attorney who’s been tracking daily filings] pointed out that trademark office examiners are perhaps the best equipped federal employees to keep working through the pandemic since most already telework. Trademarking is a lengthy process, he said, typically taking four months for an initial examination of an application and about eight months before a trademark is finalized.

Gerben pointed out that trademark office examiners are perhaps the best equipped federal employees to keep working through the pandemic since most already telework. Trademarking is a lengthy process, he said, typically taking four months for an initial examination of an application and about eight months before a trademark is finalized.

Examiners use simple tools such as Google to determine whether a phrase is unique. To receive the protections of exclusive national rights, a mark must be both distinct and already in commercial use by the filer. That means the dozen individuals applying for “I survived COVID-19” could be denied exclusive rights, especially if startups on Etsy or other do-it-yourself websites are selling items. 

Trademark holders will have to consider the business ethics of profiting from a pandemic that’s killed thousands."

Past coronavirus: an open-access future for academics; The Bowdoin Orient, April 3, 2020

Radu Stochita, The Bowdoin Orient; Past coronavirus: an open-access future for academics

"What Aaron Swartz left us is the courage to try and break the wall that exists between the public and the profit-driven industry of academic publishing. In his eyes, information was meant to be free and accessible. Progress was meant for the common good, in the benefit of everyone, not only for a selected few."