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Governments can ration access to cancer drugs, or break patent monopolies. Why is rationing so popular?:

Seminars on Drug Pricing: Part 3, Aidan Hollis

On Thursday, 6 August 2015, at 11AM Eastern Time (Washington, DC), KEI will host a seminar on drug pricing featuring Professor Aidan Hollis, the Vice-President and a Director of Incentives for Global Health and economics professor at the University of Calgary.

Consensus achieved at WIPO Standing Committee on the Law of Patents (SCP) on Future Work Program

After two days of intense negotiations over the future work program of WIPO's Standing Committee on the Law of Patents (SCP), the committee achieved consensus at around 3:40 PM Geneva time on Friday, 31 July 2015.

The future work of WIPO's main normative committee dealing with patents now has a pathway on the following work streams:

WIPO SCP22: Language on GRULAC proposal to revise 1979 WIPO Model Law for Developing Countries on Inventions

On 30 July 2015 at 8:30 PM Geneva time, the Chair (Bucura Ionescu, Romania) of WIPO's 22nd Standing Committee on the Law of Patents (SCP) distributed the following non-paper related to the proposal by the Group of Latin American and Caribbean Countries (GRULAC) to revise the 1979 WIPO Model Law for Developing Countries on Inventions. If this language is tabled, WIPO's normative committee on patents will continue discussions on the GRULAC proposal.

INFORMAL NON-PAPER

SCP/22: PROPOSAL BY THE CHAIR
July 30, 2015
20.30

WIPO SCP22: Informal Non-Paper by Chair on Future Work (30 July 2015, 20:30 version)

On 30 July 2015 at 8:30 PM Geneva time, the Chair (Bucura Ionescu, Romania) of WIPO's 22nd Standing Committee on the Law of Patents (SCP) distributed the following non-paper as a pathway for future work addressing 1) Exceptions and Limitations to Patent Rights, 2) Quality of Patents, Including Opposition Systems, 3) Patents and Health, 4) Confidentiality of Communications between clients and their patent advisors and 5) Transfer of technology. The SCP is WIPO"s main normative committee dealing with patents.

WIPO SCP 22: Written Statement of Knowledge Ecology International on Patents and Health

28 July 2015
WIPO Standing Committee on the Law of Patents (SCP)
Written Statement of Knowledge Ecology International on Patents and Health

As the Trans-Pacific Partnership (TPP) is currently reported to be in the final stages of negotiation, it is both appropriate and urgent that this Committee is addressing the topic of patents and health.

SCP22: Australian response to GRULAC proposal to revise 1979 WIPO Model Law for Developing Countries on Inventions

On 29 July 2015, Australia provided the following response to the proposal by the Group of Latin American and Caribbean Countries (GRULAC) to revise the 1979 WIPO Model Law for Developing Countries on Inventions.

Australian Delegation Proposal

The Secretariat prepare a study on:

1) experiences of how developing countries and least developed countries (LDCs) have implemented the patent model law; or

2) to determine the unmet need for a patent model law.

WIPO SCP22: KEI statement on GRULAC proposal (SCP/22/5)

Knowledge Ecology International (KEI) delivered the following intervention on 29 July 2015 during WIPO discussions on the proposal by the Group of Latin American and Caribbean Countries (GRULAC) to revise the 1979 WIPO Model Law for Developing Countries on Inventions.

KEI statement on GRULAC proposal (SCP/22/5)
WIPO Standing Committee on the Law of Patents (SCP)
29 July 2015

Proposal: Engage Member States in the Revision of the 1979 WIPO Model Law for Developing Countries on Inventions

SCP22: India’s Intervention on inventive step (SCP/22/3)

TeamIndiaSCP22.jpg

India delivered this lengthy, nuanced intervention on inventive step on 28 July 2015 citing the US Supreme Court observations on a person skilled in the art (PSIA), the KSR Int'l Co. v. Teleflex, Inc. decision on obviousness as applied to patent claims, the IPAB Roche decision (in relation to inventive step) and jurisprudence from the House of Lords on inventive step.

India’s Intervention on a study on inventive step (SCP/22/3) at SCP/22

SCP22: Opening statement of the Group of Latin American and Caribbean Countries

On Monday afternoon, 27 July 2015, Brazil on behalf of the Group of Latin American and Caribbean Countries (GRULAC) delivered the following opening statement which,inter alia, called for a

Eleven of the 28 House democrats supporting Fast Track write USTR about Medicine IPR issues

Attached is a letter from eleven of the 28 House Democrats that supported the Trade Promotion Authority (TPA) Fast Track legislation, on the topic of intellectual property rights and medicine. The letter, which is moderate and cautious in substance, but overall helpful given where negotiations stand, closes by telling Ambassador Froman that "As members who support trade done right, we strongly believe that TPP must not inhibit access to lifesaving medicines."

WIPO Standing Committee on the Law of Patents: What's on the agenda?

The World Intellectual Property Organization's (WIPO) Twenty-Second session of the Standing Committee on the Law of Patents (SCP) is taking place from 27 July 2015 to 31 July 2015 in Geneva, Switzerland. The prior session of the Committee (November 2014) ended in deadlock. Ultimately, patents and health proved to be the deciding factor.

Sanders offers amendment to create compulsory licenses on medical inventions, for veterans

On Wednesday, July 22, 2015, the Senate Veterans Committee held a mark-up to consider several bills. During the mark-up, Senator Sanders offered an amendment, attached below, that would create a compulsory license mechanism in the Department of Veterans Affairs, for patents on medical inventions. (See amendment text below). The motivation for the amendment was a crisis in the VA involving access to drugs for the hepatitis C virus (HCV).

KEI letter to Register of Copyrights, USPTO and OSTP on copyright issues in TPP

On the topic of the TPP and copyright, KEI has sent a letter to Maria Pallante, the Register of Copyrights, Shira Perlmutter, Chief Policy Officer and Director for International Affairs for USPTO, and Nancy Weiss, Senior Advisor to the Chief Technology Officer, Office of Science and Technology Policy (OSTP), Executive Office of the President.

KEI asked these agencies to address certain issues in the TPP intellectual property chapter that relate to access to copyright issues, with a focus on orphan works, and uses by governments.

Mylan criticisms of the TPP provisions as regards generic medicines, warns USTR on "lazy drafting"

Attached are two documents from Mylan regarding their concerns about the TPP. The first is an April 13, 2015 10 page letter from Heather Bresch, the CEO of Mylan, to USTR head Michael Froman. (Copy here). The second is a table of inconsistencies between the TPP and US law (Copy here).

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