Monthly Archive: May 2020

Interactive Patent Analytics from IP Australia of COVID-19 Related Technology

IP Australia has recently launched a set of interactive patent analytics displays related to technologies instrumental in the fight against COVID-19.  These provide researchers and decision-makers with valuable tools to locate key intelligence within the body of patent information around these subjects.

 

IP Australia Patent Analytics Hub

IP Australia’s Patent Analytics Hub is an initiative that has grown out of the Office of the Chief Economist (OCE).  Originally focussed on economics research, the OCE has evolved to include open data products and patent information as part of its research services.

The Patent Analytics Hub delivers patent analytics to customers including research organisations and government agencies.  The reports support customers in identifying opportunities, monitoring competitor and market activity, determining the value of their intellectual assets, and guiding business decisions.

 

COVID-19 Technology Visualisations

As part of the global effort against the COVID-19 pandemic, the Patent Analytics Hub has developed a set of six freely-available interactive visualisations.

The visualisations cover:

  • Ventilators
  • Masks
  • Surgical gowns and goggles
  • Vaccines
  • Repurposed drugs
  • Medical diagnostics

Beginning with a top-level summary and overview of each analysis, users can then view the data as a series of interactive charts and graphs.  These can be drilled into and filtered to view the results for specific regions, applicants, and filing periods.  Once a document or documents are identified, the user can hyperlink directly to view full details of any patent of interest.

This resource will enable researchers and decision-makers to identify potentially useful technology, as well as the relevant patents and their owners.  This can assist in identifying know-how, partners, suppliers and manufacturers to gain a stronger position in the fight against COVID-19.

 

Global Collaborative Efforts

This initiative from IP Australia is just one of many such approaches around the world to support the sharing of innovative knowledge and technology.

WIPO (the World Intellectual Property Organisation) has launched a new search function for its PATENTSCOPE database to assist in the identification of relevant patent documents that may be of value in the fight against COVID-19.  CAS (the Chemical Abstracts Service) has released an open-access dataset of compounds having known or potential antiviral activity, to assist research and analytics efforts.

The Open COVID Pledge is an initiative to encourage more open access to intellectual property in the fight against COVID-19.  Examples of companies supporting the pledge and making their portfolios of thousands of patents available to the world include Intel and Microsoft, amongst others.

Further, Pfizer and BioNTech are working together to jointly develop a COVID-19 vaccine.  BioNTech has provided multiple vaccine candidate compounds, whilst Pfizer has provided access to its research and development, regulatory, manufacturing, and distribution infrastructure.  Initial human trials are already underway.

By working together, we have a much better chance of defeating this common enemy.  Maybe the lessons learned can provide the impetus for more collaborative approaches in the future.

Alistair Curson

 

References

CAS. (2020, March 31). “CAS Releases Open Access Dataset of Antiviral Chemical Compounds to Aid COVID-19 Discovery and Analysis”. Retrieved May 16, 2020, from: https://www.cas.org/resources/press-releases/open-access-covid-19-dataset

CSR Admin. (2020, April 07). “Intel Grants Free Access to Its Intellectual Property to COVID-19 Researchers and Scientists”. Retrieved May 16, 2020, from: https://blogs.intel.com/csr/2020/04/open-covid-pledge/#gs.6mv966

IP Australia. (2020). “Australian Intellectual Property Report 2020 – Chapter 8: Research Program”. Retrieved May 13, 2020, from: https://www.ipaustralia.gov.au/ip-report-2020/research-program

IP Australia. (2020, May 06). “New patent visualisations on the latest COVID-19 technology”. Retrieved May 12, 2020, from: https://www.ipaustralia.gov.au/about-us/news-and-community/news/new-patent-visualisations-latest-covid-19-technology

IP Australia. (2020, May 06). “Patent Analytics Hub”. Retrieved May 12, 2020, from: https://www.ipaustralia.gov.au/tools-resources/patent-analytics-hub

Open COVID Pledge. (2020, April 07). “Open COVID Pledge”. Retrieved May 16, 2020, from: https://opencovidpledge.org/

Pfizer. (2020, April 09). “Pfizer and BioNTech Announce Further Details on Collaboration to Accelerate Global COVID-19 Vaccine Development”. Retrieved May 16, 2020, from: https://www.pfizer.com/news/press-release/press-release-detail/pfizer_and_biontech_announce_further_details_on_collaboration_to_accelerate_global_covid_19_vaccine_development

Pfizer. (2020, May 05). “Pfizer and BioNTech Dose First Participants in the U.S. as Part of Global COVID-19 mRNA Vaccine Development Program”. Retrieved May 16, 2020, from: https://www.pfizer.com/news/press-release/press-release-detail/pfizer_and_biontech_dose_first_participants_in_the_u_s_as_part_of_global_covid_19_mrna_vaccine_development_program

Szweras M, De Luca C. (2020, April 22). “Patents and Their Role in a COVID-19 Cure”. Retrieved May 13, 2020, from: https://www.lexology.com/library/detail.aspx?g=b757a56e-834f-433f-b548-80fa98b7574d

World Intellectual Property Organisation. (2020, April 21). “WIPO Launches New Search Facility For PATENTSCOPE Database to Support COVID-19 Innovation Efforts”. Retrieved May 16, 2020, from: https://www.wipo.int/pressroom/en/articles/2020/article_0008.html

Yokoyama J. (2020, April 20). “Microsoft commits patents to help fight COVID-19”. Retrieved May 13, 2020, from: https://blogs.microsoft.com/on-the-issues/2020/04/20/open-covid-19-pledge-patents/

Eternal Copyright – Supporting Artists During and After Covid-19

UNESCO recently launched ResiliArt, a global discussion to raise awareness of the impacts of Covid-19 on the cultural sector, as well as to support artists during and after the crisis.  In the inaugural debate, Jean-Michel Jarre (UNESCO’s Goodwill Ambassador) proposed the concept of “eternal copyright” to protect and support artists and the creative industries, especially in emerging countries.

 

The Cultural Impact of the Covid-19 Pandemic

The current Covid-19 pandemic is changing the lives of everyone on Earth, in ways that affect us all socially, economically, culturally, educationally and environmentally.

It is not only businesses and schools that have shut down, but also many aspects of accessing culture, such as live performances, theatres, cinemas, cultural sites, museums, exhibitions and libraries.  This is having serious impacts upon the livelihoods of cultural professionals, as well as the local communities that depend upon them and their works.

 

What is Copyright?

Copyright protection in New Zealand (for example) is provided for by the Copyright Act 1994 and the Copyright Regulations 1995.

An intellectual property right that arises automatically, copyright protects the expression of ideas known as “works” (not the ideas themselves), that have been fixed somehow (e.g. written down or otherwise recorded).

For a work to attract copyright protection, it must be original (not necessarily new), meaning it originated from the author.  In other words, they didn’t copy the work from another source.  Works that can receive protection are either literary, dramatic, musical, artistic, sound recordings, films, broadcasts or typographical arrangements.

Copyright gives the creator or owner exclusive rights to copy their works; issue copies to the public; perform, play, show or communicate their works to the public; make an adaptation of their works; or authorise a third party to do any of these acts.  A third party doing any of these acts without permission may be infringing the copyright.

Copyright is restricted in life span, which varies according to both the type of work and the jurisdiction where the copyright is enforced.  For example, in New Zealand, literary, dramatic, musical and artistic works are protected for the life of the author plus 50 years.

 

The Concept of Eternal Copyright

UNESCO’s ResiliArt debate is focussed on the impacts upon creative and cultural communities that the Covid-19 lockdowns around the world are having.  The roles of governments, content providers and tech companies in supporting artists and other creators are being discussed.

Jean-Michel Jarre has proposed an eternal copyright, as a practical solution for governments and companies to support artists.  When the current term of copyright protection for an author or owner expires, then the copyright would persist in an “eternal” form with revenue generated going into a central fund.  This fund would be used to support artists and others in the creative communities around the world, with a special emphasis to support those in emerging countries.

 

Opinion

Copyright protection is typically time-limited.  This is part of the balance that copyright law tries to strike between the interests of the rightsholder and the interests of the consumer.  It has parallels in other forms of intellectual property where the monopoly of the right is either time-limited (e.g. patents and designs) or conditional upon continual use (e.g. registered trade marks).

Laws protecting intellectual property rights are supported by a number of principles, including: the right to benefit from one’s own labours and efforts; it being unfair to benefit from the work of others without their consent; being incentivised to make the necessary investment to create without the risk of that investment being nullified as soon as your output enters the public domain; and the contract of temporary protection in exchange for public disclosure.

There are risks and challenges to implementing the concept of eternal copyright.

For an eternal copyright to be effectively managed, it is likely that a “central copyright owner” would be needed.  They would have to decide what was licensed, when, to whom, and for what fees.  Payments would have to be managed, and the copyrights would still have to be enforced against potential infringement.  The whole process could be costly, and there is a risk that the financial rewards could easily be swallowed up in administration rather than going to the intended recipients.

Much of the revenue from copyright-protected works comes from licensing, and the economic value of many works often expires long before the corresponding copyright protection.  Should a work turn out to be one of those that retains significant value over time, then the “central copyright owner” may face challenges from the estate of the original author for a share in the ongoing benefits.

One principle of intellectual property is that knowledge and information eventually enter the public domain for all to freely use, develop and gain inspiration from.  That which does not enter the public domain cannot be freely used without some agreement.  There is a risk that new artists and creators may choose simply not to engage with certain works because of the costs of licensing and the potential risks of infringement proceedings.  This would appear to be contrary to reasonable reward for investment and creation, balanced against the contribution to human knowledge, culture and society.  Ironically, creativity may be stifled by an eternal copyright.

Perhaps an additional time-limited copyright term beyond that of the author / owner would be an alternative.  Operating in the same spirit, and with the same purpose, it could also generate a global fund to support artists around the world.  However, works would eventually enter the public domain in order to continue to support creativity.

Financial support for artists could also be improved by stronger enforcement of their existing rights under copyright law, as well as assistance in contract negotiations to ensure a more fair and equitable reward for their creativity.

It is clear that the cultural aspects of our lives need our support now more than ever, and that the Covid-19 pandemic provides an opportunity to take a new direction.

Alistair Curson

 

References

Bainbridge D. (2012). “Intellectual Property”. 9th edn, Pearson Education Limited, Harlow, England.

Barclay DA. (2016, February 10). “Shouldn’t there be a time limit on Mickey’s copyright?”. Retrieved April 28, 2020, from: https://theconversation.com/shouldnt-there-be-a-time-limit-on-mickeys-copyright-53788

CISAC. (2014, April 07). “President Jean Michel Jarre heralds copyright protection at the Forum de Chaillot”. Retrieved April 29, 2020, from: https://www.cisac.org/Newsroom/Articles/President-Jean-Michel-Jarre-heralds-copyright-protection-at-the-Forum-de-Chaillot

Cooke C. (2020, April 23). “Jean Michel Jarre poses the question “what about eternal copyright to support grassroots creators?”. Retrieved April 29, 2020, from: https://completemusicupdate.com/article/jean-michel-jarre-poses-the-question-what-about-eternal-copyright-to-support-grassroots-creators/

Interlego A.G. Appellant v Tyco Industries Inc. and Others Respondents [1989] AC 217.

Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] 1 WLR 273.

Masnick M. (2012, October 24). “Economist’s Defense Of Perpetual Copyright: It’s Best To Just Ignore The Economics”. Retrieved April 28, 2020, from: https://www.techdirt.com/articles/20121017/18045220739/economists-defense-perpetual-copyright-its-best-to-just-ignore-economics.shtml

New Zealand Copyright Act 1994. Retrieved April 28, 2020, from: http://www.legislation.govt.nz/act/public/1994/0143/latest/DLM345634.html

New Zealand Copyright Act 1994, s16. Retrieved April 28, 2020, from: http://www.legislation.govt.nz/act/public/1994/0143/latest/DLM345923.html

New Zealand Copyright Act 1994, s22. Retrieved April 28, 2020, from: http://www.legislation.govt.nz/act/public/1994/0143/latest/DLM345932.html

New Zealand Copyright (General Matters) Regulations 1995. Retrieved April 28, 2020, from: http://www.legislation.govt.nz/regulation/public/1995/0146/latest/whole.html

New Zealand Intellectual Property Office. “About IP: Copyright: Legislation”. Retrieved April 28, 2020, from: https://www.iponz.govt.nz/about-ip/copyright/legislation/

ResiliArt. “Artists and Creativity beyond Crisis”. Retrieved April 29, 2020, from: https://srvarcstream3a.unesco.org/ksastream/video/ResiliArt-Debate.mp4

The Public Domain. (2014, July 19). “Mark Twain on the Need for Perpetual Copyright”. Retrieved April 28, 2020, from: https://www.thepublicdomain.org/2014/07/19/mark-twain-on-the-need-for-perpetual-copyright/

UNESCO. (2020, April 11). “ResiliArt Artists and Creativity beyond Crisis”. Retrieved April 24, 2020, from: https://en.unesco.org/news/resiliart-artists-and-creativity-beyond-crisis?fbclid=IwAR11IAeJd2UjCDk7g8HgLaUmzy4GhxwnPvPmuAMFNNfc9beUkIzbgNwxnfw

UNESCO. (2020, April 15). “ResiliArt Artists and Creativity beyond Crisis”. Retrieved April 24, 2020, from: https://srvarcstream3a.unesco.org/ksastream/video/ResiliArt-Debate.mp4

Wikipedia. (2020, March 27). “Statute of Anne”. Retrieved April 29, 2020, from: https://en.wikipedia.org/wiki/Statute_of_Anne