Category Africa

South Africa Moves Forward With Creator Rights Agenda

Prof. Sean Flynn writes: The South Africa National Council of Provinces has cleared the Copyright Amendment Bill for a final vote. The bill would adopt an innovative fair use right as well as new rights of creators to receive royalties, partially own commissioned works, protect works through technological protections (with exceptions for fair use), establish of a tribunal for lower cost enforcement and regulate collective management companies. It establishes what is being referred to as a creator rights model for copyright reform including rights to create, own and earn.

South Africa Parliament Passes Sweeping Copyright Bill; Final Step Expected In New Year

South Africa’s National Assembly this week approved redrafted versions of the Performers' Protection Amendment Bill and the Copyright Amendment Bill that includes stronger protections for copyright holders but also a fair use provision preserving some exceptions. But there is still an additional hurdle to go before it reaches the President for signature, likely in the New Year.

Defending Fair Use In South Africa

Sean Flynn, Peter Jaszi, and Mike Carroll write: On Wednesday the South African National Assembly vote on the Copyright Amendment Bill, which includes a new “fair use” right. Learned professors at the University of Stellenbosch have taken to calling the bill “shambolic”, and “an abomination.” It is certainly time for a little light to go with the heat.

Promoting Education Rights In South African Copyright Reform

Eve Gray and Desmond Oriakhogba write: The publishing industry is making a mad dash to defeat South Africa’s adoption of a fair use rights in Parliament on Wednesday. Their latest effort includes an alarmist petition being circulated among authors. It is interesting to note that, while one of the most persistent and loud complaints in these protests has been that the drafting of the new legislation was badly handled, our perception, along with a number of experienced observers in the process, has been that the level of discussion and debate; the degree of participation and engagement of government representatives; and the consensus on the needs to be addressed, was of a higher standard and the debate much better informed than in previous such attempts at reform over the past decades. It should also be noted that, while it is true that international publishers might have much to lose in the new law, local publishers, authors and students have much to gain. It is time to lower the heat and concentrate on the facts and context of what is before Parliament.

Gene Editing: Fears Lead To Call For Moratorium At CBD, Discussions Ongoing

Gene editing techniques have opened the way to a new world of innovations. One of them is the potential eradication of malaria-carrying mosquitoes. What appears as a very attractive way to help with malaria eradication is denounced by civil society groups arguing that the technology is in its infancy. Wiping out entire species could have unforeseen environmental, health, and social consequences, they say. They are calling for a moratorium preventing the release of gene drive organisms in the wild. They also describe the gene drive mosquitoes as a Trojan horse, hiding broader interests of agricultural multinational corporations.

UN Committee Adopts ‘Landmark’ Declaration Reinforcing Peasants’ Rights To Seeds

The social, humanitarian and cultural committee of the United Nations meeting this month adopted a UN Declaration on the Rights of Peasants and Other People Working in Rural Areas. The declaration includes the right to save, exchange, and sell farm-saved seeds, a contentious issue for which small farmers have been campaigning for years.

African Civil Society Outcry Over ARIPO’s Closed Decision-Making On Health And IP

As the African Regional Intellectual Property Organization (ARIPO) Administrative Council meets this week, more than 60 civil society groups are calling for greater inclusion and more transparency on access to medicines and diagnostics. Signatories are asking for a review of the Harare Protocol on patents and industrial designs, and raised concern about over-reliance on advice of the United Nations intellectual property agency for decisions affecting broader public health in the region.

Multi-Agency Conference Addresses Positive Aspects Of ‘Respect For IP’

JOHANNESBURG, South Africa -- Conference delegates at the Respect for IP international conference held in South Africa this week were participants in a series of top-level panel discussions about the conference theme that included views about balancing intellectual property’s economic value with achieving social development goals.

Near-Monopolies On HCV Diagnostics Curb Competition, Keep Prices High, Research Finds

Monopoly prices of diagnostic tools and lack of competition in the market constitute a barrier to treatment for people with hepatitis C virus (HCV), but the increased use of “open” diagnostic platforms could reduce prices, a health advocacy research study has found.