KEI on Moderna’s Oct 8, 2020 Statement on Intellectual Property Matters during the COVID-19 Pandemic | Knowledge Ecology International

“Moderna’s statement on intellectual property matters during the COVID-19 pandemic is very good, and should be matched by every manufacturer of a therapeutic, vaccine or diagnostic test. We also encourage Moderna to engage with the WHO COVID-19 Technology Access Pool (C-TAP) and the Medicines Patent Pool. Every manufacturer of a vaccine, drug or diagnostic should follow suit and publish the patents relevant to the technology, waive or license rights in those patents, and  provide constructive transfer of manufacturing know-how and access to cell lines and data when necessary.

It is notable that Moderna has addressed both the  pandemic and the post pandemic period, stating “to eliminate any perceived IP barriers to vaccine development during the pandemic period, upon request we are also willing to license our intellectual property for COVID-19 vaccines to others for the post pandemic period.” …”

[KEI recommendations to WHO on COVID-related research]

“The WHO secretariat should request in writing that the funders of COVID-19 R&D including in particular governments and philanthropies include language in contracts and use their financial leverage to enable sharing of know-how, cell lines and rights in data and patents, for COVID-19 related technologies.

The WHO secretariat should request in writing that the funders of COVID-19 R&D including in particular governments and philanthropies include language in contracts and use their financial leverage to enable sharing of know-how, cell lines and rights in data and patents, for COVID-19 related technologies.

There should be no monopolies on patents, regulatory exclusivities, data or know-how in this pandemic. All relevant technology for COVID-19 products should be available either free or openly licensed with non-discriminatory, reasonable and affordable royalties….”

FOIA: Film industry lobbies South Africa’s Parliament to suspend Copyright Amendment Bill | Knowledge Ecology International

“Through a Freedom of Information Act (FOIA) request, Knowledge Ecology International (KEI) has obtained 311 pages of correspondence between officials from the Office of the US Trade Representative (USTR) and employees of the Motion Picture Association (MPA), the Recording Industry Association of America (RIAA) and other entities including law firms on matters regarding South Africa and copyright policy. The FOIA request was filed by Claire Cassedy on October 29, 2019. The 311 page document is available here: https://drive.google.com/file/d/1wUYHzgwtYUaYiMLLeGfV7ucxk5Q1tpu0/view?usp=sharing

The correspondence dates from December 2018 to November 2019 and reveals an assiduous campaign mounted by the MPA and RIAA to thwart the passage of South Africa’s Copyright Amendment Bill in the South African Parliament and to prevents its signing by the President of South Africa, Cyril Ramaphosa. The MPA and RIIA, working in concert with the International Intellectual Property Alliance (IIPA) petitioned USTR to impose higher tariffs on South Africa (by revoking the Generalized System of Preferences) over concerns with, inter alia, the fair use provisions contained in South Africa’s Copyright Amendment Bill….”

FOIA: Film industry lobbies South Africa’s Parliament to suspend Copyright Amendment Bill | Knowledge Ecology International

“Through a Freedom of Information Act (FOIA) request, Knowledge Ecology International (KEI) has obtained 311 pages of correspondence between officials from the Office of the US Trade Representative (USTR) and employees of the Motion Picture Association (MPA), the Recording Industry Association of America (RIAA) and other entities including law firms on matters regarding South Africa and copyright policy. The FOIA request was filed by Claire Cassedy on October 29, 2019. The 311 page document is available here: https://drive.google.com/file/d/1wUYHzgwtYUaYiMLLeGfV7ucxk5Q1tpu0/view?usp=sharing

The correspondence dates from December 2018 to November 2019 and reveals an assiduous campaign mounted by the MPA and RIAA to thwart the passage of South Africa’s Copyright Amendment Bill in the South African Parliament and to prevents its signing by the President of South Africa, Cyril Ramaphosa. The MPA and RIIA, working in concert with the International Intellectual Property Alliance (IIPA) petitioned USTR to impose higher tariffs on South Africa (by revoking the Generalized System of Preferences) over concerns with, inter alia, the fair use provisions contained in South Africa’s Copyright Amendment Bill….”

WIPO General Assembly 2019: Opening statement of Knowledge Ecology International | Knowledge Ecology International

“As part of WIPO’s ongoing work on patents and health, KEI proposes that the Standing Committee on the Law of Patents (SCP) discuss the role of patents in the development of and access to new cell and gene therapies, such as CAR T treatments for cancer, or gene therapies such as Luxturna or Zolgensma. Among the topics to be considered are the extent to which patent exceptions for the treatment of humans apply, as well as the high costs and anti-competitive nature of licensing the emerging thickets of patents for these treatments….”