The USPTO’s green paper on “Copyright Policy, Creativity and Innovation in the Digital Economy” surveys current copyright law and notes that there are several areas where reform may be welcome. In many of these areas, the USPTO green paper demonstrates an openness to discussion on these issues or support existing efforts and proposals. Despite this support in some areas for reform and despite the USPTO’s involvement in the Trans-Pacific Partnership (TPP) negotiating process, there are several areas where the United States’ position in the TPP could hinder such reform.
On November 13, 2013, Wikileaks obtained and published a copy of the consolidated IP negotiating chapter for the Trans-Pacific Partnership Agreement (TPP). This leak has allowed the public to learn what is in the text, including about the reported five country counterproposal to the United States' proposal on pharmaceuticals and medicines.
KEI Comments on the August 30, 2013 version of the TPP IP Chapter
For more information, contact James Love, mailto:email@example.com, mobile +1.202.361.3040.
NIH rejects March-In petition, also rejects proposed rules on pricing of and access to government funded inventionsSubmitted by James Love on 7. November 2013 - 9:42
In a decision dated November 1, 2013, and signed by NIH Director Francis Collins, the NIH has rejected the 2012 petition to the NIH to uses its powers under the Bayh-Dole Act to protect U.S. consumers from high prices and restrictive licensing of NIH funded inventions.
GE's Thaddeus Burns wrote to US Ambassador Betty King requesting US postpone Marrakesh Diplomatic ConferenceSubmitted by KEI Staff on 29. October 2013 - 3:03
Trans-Atlantic Business Council's May 16, 2013 letter to Robert Hormats opposing Marrakesh treaty for the blindSubmitted by James Love on 28. October 2013 - 16:29
|The letter opposing the treaty for the blind was signed by TABC Director General Tim Bennett|
We just ran across this mean spirited letter by the Trans-Atlantic Business Council (TABC), a group that describes itself as follows:
The October 25, 2012 NIH March-In Request for ritonavir is now more than one year old, and the NIH has not decided to grant a hearing or reject the petition.
More information about the March-In request is available here:
(revised October 25, 2013)
KEI has asked 21 persons following the TPP IPR negotiations, what they thought of four of the USTR negotiators, including:
- Ambassador and USTR head Michael Froman,
- TPP Chief negotiator Barbara Weisel
- Assistant USTR for Intellectual Property and Innovation Stanford McCoy, and
- Deputy Assistant USTR for Intellectual Property and Innovation Probir Mehta.
At the request of the European Union, Jamaica, Mexico and the United States of America, the topic of "Intellectual Property and Sports" was placed for discussion at the World Trade Organization's (WTO) October 2013 session of the Council for TRIPS (TRIPS Council).
See also: http://keionline.org/2012ritonavir
15 frequently asked questions about the 2012 ritonavir March-In petition
Q1. What is the Bayh-Dole Act?
The Bayh-Dole Act (or University and Small Business Patent Procedures Act) was originally enacted in 1980 as Public Law 96-517, and was amended in 1984 by Public Law 98-620. Among other things, the Bayh-Dole Act was designed to facilitate the patenting of U.S. government funded inventions by universities, other non-profit entities and businesses, and also:
I. Scope of Patentability
II. Evergreening Patents
III. Patent Trolls
IV. Presumption of Validity
VI. Exclusive Rights Over Test Data
VII. Patent Linkage
VIII. Delinkage/Positive Agenda
The Commerce Department Green Paper on digital copyright is soft on action, kicks cans down the roadSubmitted by Manon Ress on 11. October 2013 - 14:00
In July 2013, the Department of Commerce Internet Policy Task Force published its awaited Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy. It is over 100 pages long and 540 footnotes and a good read for anyone interested in copyright and the online environment.
The IPR chapter of the 1998 US/EU treaty on scientific and technological cooperation. Time for an update?Submitted by James Love on 11. October 2013 - 11:13
In 1998 a treaty on R&D went into force between the United States and the European Communities. The "Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America - Intellectual property" sets out a list of cooperative activities in Article 4, and provides an appendix addressing the intellectual property rights that come from those collaborations.
During the October 2013 WTO TRIPS Council, India delivered the following intervention on Intellectual Property and Sports. The European Union, Jamaica, Mexico and the United States had requested this agenda item placed for discussion.
Intervention on IP and Sports