Of possible interest

KEI requests that DHHS Inspector General investigate failure to disclose federal funding in Spinraza patents.

KEI objects to the U.S. Army grant of an exclusive license to Sanofi on U.S. Army-owned patents on a Zika Virus vaccine.

Research and testimony on transparency legislation.

Request to the NIH and U.S. Army to use government royalty free or march-in rights on the prostate cancer drug Xtandi.

Proposal for a WTO Agreement on the Supply of Public Goods.

Innovation inducement prizes as an alternative to IPR monopolies to reward successful innovation.

Now is a good time to donate money to KEI.

KEI timelines, on a variety of topics.

Poll

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

SCCR 34 Discussions on Limitations and Exceptions for people with other disabilities

May 4, 2017 SCCR 34 Discussion on Limitations and Exceptions for people with other disabilities

If the final text of the Marrakesh Treaty had included Article 15(b) of the 1st version of the treaty negotiating text (SCCR/18/5) that would have clearly covered "other disabilities", we would not have had the morning discussion.

Here is what had been drafted with the approval of an inclusive group of disabilities experts:

ARTICLE 15. DISABILITIES COVERED

(a) For the purposes of this Treaty, a ‘visually impaired’ person is:

a person who is blind; or

SCCR 34 Discussions on Limitations and Exceptions for people with other disabilities

May 4, 2017 SCCR 34 Discussion on Limitations and Exceptions for people with other disabilities

If the final text of the Marrakesh Treaty had included Article 15(b) of the 1st version of the treaty negotiating text (SCCR/18/5) that would have clearly covered "other disabilities", we would not have had the morning discussion.

Here is what had been drafted with the approval of an inclusive group of disabilities experts:

ARTICLE 15. DISABILITIES COVERED

(a) For the purposes of this Treaty, a ‘visually impaired’ person is:

a person who is blind; or

SCCR 34 Chair's proposal regarding the committee's work on L&E and member states comments

SCCR 34 May 3. Chair's proposal regarding the committee's work on L&E and member states comments

In brief:

  • The Chair supports an update of the Crews Study
  • The Chair proposes a seminar or conference with multidisciplinary approach to L&Es in the digital environment (instead of separated "silos" such as are now L&Es for Libraries and Education

SCCR 34 Limitations and Exceptions for libraries and archives

May 3, 2017 AM Session

SCCR 34 Limitations and Exceptions for libraries and archives

Some statements from member states regarding L&E for libraries and archives:
[...]

SCCR 34 Update on Progress of Broadcasting, Cablecasting and Webcasting Treaty Progress (or lack thereof?)

5:55pm Plenary May 2, 2017 We were told there will be no time for NGOs to make statements.

The Chair started the Plenary at 5:55 pm or 5 minutes before the meeting was to clse for the day.

In brief:

  • No recommendation to the GA for a Diplomatic Conference in 2018 (not ready for prime time).
  • The Chair's text is being replaced by a "committee Text".
  • The EU is not happy.
  • The broadcasting treaty has stalled. Again.

Here is the transcript of what we can share:

SCCR 34 May 2, 2017 Short update

Just like since yesterday afternoon, the WIPO Standing Committee on Copyright and Related Rights has convened in informal. Some members of delegations and NGOs are staying in the main room and are listening to the discussions but cannot participate nor report on anything that is being said.

It is frustrating of course but it looks as if it will be the "new process of negotiation" for the time being. As one person said to me "secret negotiations regarding broadcasting, cablecasting and webcasting at WIPO? what could go wrong?"

Detailed Presentation of New Casting Text to be discussed at SCCR34

CAROLE CROELLA, WIPO Secretariat:
IMG_20170501_123023 (1)_1_0.jpg

Thank you Mr. Chair and good morning, everyone. I will indeed try to take the committee into the main changes and highlights of this new text. I'm not sure it will be a swinging presentation, Mr. Chair, but I will try to do my best.

SCCR34 Statements regarding the Broadcasting Treaty

EUROPEAN UNION:

The treaty on broadcasting organizations is a high priority for the European Union and its Member States. We are strongly committed to advancing work on the various work of the previous sessions. We look forward to discussing the issues set out wherein.
We hope that further progress can be made on the basis of the revised consolidated text, on the rights to be granted and other issues that has been prepared nor this session.

General Statements by Regional Groups regarding the Agenda of SCCR 34

GRULAC:

COLOMBIA: Thank you, Mr. Chairman. The delegation of Colombia has the honor of making this declaration on behalf of the group of Latin America and Caribbean countries. We congratulate you on the chairmanship of this important committee and we congratulate your new vice chairs.

We remember the important work of the previous chair and vice chairs. We would like to thank the Secretariat for preparation and organization of this session and also for publication of the documents for our consideration.

SCCR34: Atmospherics of WIPO negotiations on a broadcasting treaty

Currently, the WIPO Standing Committee on Copyright and Related Rights (SCCR) is engaged in negotiations on a Treaty for the Protection of Broadcasting Organizations, an exercise dating back to 1998. (Source: Timeline of WIPO negotiations on a Treaty for the Protection of Broadcasting Organizations).

WIPO SCCR 34 May 1, 2017 Day 1: Agenda and Election of New Chair and Vice Chairs

The DG, Franci Gurry, started the SCCR meeting with a summary of the issues to be discussed, some old (Broadcasting treaty, Limitations and Exceptions for libraries, archives, museum and education and for people with other disabilities) some new or "exploratory" (GRULAC proposal on copyright and digital works and resale rights):

DIRECTOR GENERAL: [...]

How Sanofi Prices Its MS Drug Aubagio (Teriflunomide) in the U.S. and Five Reference Countries

The U.S. Army recently rejected requests by public interest groups, Senator Bernie Sanders, and almost a dozen House Democrats to refuse to grant Sanofi an exclusive license on patents on a Zika virus vaccine, or, alternatively, to ensure that the license included terms assuring that U.S. taxpayers would not pay a higher price than other high-income countries. Specifically, KEI proposed the following terms to be included in the contract:

U.S. Army Rejects Pricing Concerns in Grant of Exclusive Patent License to Sanofi on Zika Vaccine

Today, KEI received a letter from the U.S. Army dated April 21, 2017, signed by Barry M. Datlof, in which the Army largely rejected concerns raised in comments submitted by KEI and various other public interest groups related to the proposed grant of an exclusive license to the French drug company Sanofi on a U.S. Army-invented vaccine for Zika virus.

KEI, UACT Request that Trump Administration Reevaluate Xtandi Petition

Knowledge Ecology International and the Union for Affordable Cancer Treatment sent a letter to Secretary Tom Price of the Department of Health and Human Services, and to Secretary Jim Mattis of the Department of Defense, requesting that the Trump Administration reevaluate the January 2016 Xtandi petition that the government use its rights in patents under the Bayh Dole Act (35 U.S.C.

KEI Statement on House Letter to President Trump on the Protection of Taxpayers’ Rights in Federally-Funded Inventions

4 APRIL 2017
FOR IMMEDIATE RELEASE
CONTACT: Zack Struver, zack.struver@keionline.org or +1 (202) 332-2670

In a letter sent today, Representative Lloyd Doggett, D-Texas, and 50 other democratic members of Congress requested that President Donald J. Trump issue guidance for the use of Bayh-Dole Act march-in rights in order to protect taxpayer’s rights in federally-funded patented inventions.

The following statement should be attributed to James Love, Director of Knowledge Ecology International (KEI):

“The letter from members of Congress on the need to protect taxpayer's rights in the inventions they fund is important, timely, and directly related to the challenge of providing affordable health care to everyone. Federally-funded inventions are now routinely placed on the market at extremely high prices. Astellas charges more than $350 per day for the prostate cancer drug Xtandi, and BioGen is charging $1.125 million for the first two years of Spinraza, which is used to treat spinal muscular atrophy in mostly young children. The notion that the federal government will not engage on the pricing of these products runs counter to the explicit provisions in the Bayh-Dole Act that require inventions be made ‘available to the public on reasonable terms.’ The President can curb high prices for these drugs without new legislation, and without putting patients at risk.”

KEI filed the most recent march-in request with the federal government on the prostate cancer drug Xtandi.

The letter is available as a PDF here and below in plain text.

Representative Doggett’s office issued the following press release: https://doggett.house.gov/media-center/press-releases/congressional-democrats-trump-we-re-calling-your-hand-lower-prescription

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