By Frederick Noronha, Jeremy Malcolm

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As in n. 1), p. 8. 41 2. 26 It has been argued that much of the premature death and disability associated with infectious disease could be avoided if poor people had access to affordable medicines. Yet those most in need are least able to afford treatment. One view on the abuse of pharmaceutical patents is that perhaps patents were the wrong mechanism for funding pharmaceutical production all along. For Knowledge Ecology International (KEI), one of the leading consumer NGOs actively campaigning on access to medicines, the biggest concern in 2010 is creating an alternative incentive for research and development in drug development.

The scope of the right itself has also been expanded. In the 19th Century, the copyright owner enjoyed little more than protection against verbatim copying of the work. The Berne Convention expanded this by granting the copyright holder the right to authorise reproduction, translation, adaptation and communication to the public by broadcasting or loudspeaker. TRIPS added to this, the right to authorise commercial rental in respect of computer programs and cinematographic works. The WIPO Copyright Treaty expanded the right of communication to the public to include communication through the Internet.

3 Kanniah, Rajeswari, CI Study on Copyright and Access to Knowledge. Asia Pacific Con- sumer, 43 & 44 2006, Nr. 1 & 2, op. cit. (as in n. 15), p. 14. 31 2. 2 Copyright flexibilities Exceptions to copyright are particular classes of work which are ineligible for copyright protection, and limitations to copyright are particular uses to which works may be put without infringing the exclusive rights of the copyright owner. Together, exceptions and limitations are referred to as flexibilities. They are better known in the United States as “fair use” rights (though strictly this describes only one of the exceptions available under US law), in the UK and other common law countries as “fair dealing” rights, and in much of the rest of Europe and other civil law countries as “private use” rights.

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