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Why is it a big mistake to link funding of R&D costs with drug prices?:

Are Nike, IOC and European football leagues scoring new IPR at the WTO?

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).

15 frequently asked questions about the 2012-2013 ritonavir March-In petition

See also:

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The Bayh-Dole Act (or University and Small Business Patent Procedures Act) was originally enacted in 1980 as Public Law 96-517, and was amended in 1984 by Public Law 98-620.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:

Evolving Patent Issues and the Trans-Pacific Partnership Agreement (TPP)

I. Scope of Patentability
II. Evergreening Patents
III. Patent Trolls
IV. Presumption of Validity
V. Injunctions
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 road

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?

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.

WTO TRIPS Council: Intervention of India on Intellectual Property and Sports

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

WTO TRIPS Council: Intervention of India on the Paragraph 6 mechanism

On 10 October 2013, India delivered the following intervention at the WTO TRIPS Council's annual review of the paragraph 6 system.

Para 6 Mechanism

WTO TRIPS Council: Venezuelan intervention on intellectual property and sports

At the October 2013 WTO TRIPS Council, Venezuela delivered the following intervention on intellectual property and sports noting that the WTO should not duplicate WIPO negotiations on a possible treaty for the protection on broadcasting organizations.

Punto 13: Propiedad Intelectual y Deportes

Gracias señor Presidente

WTO TRIPS Council: Intervention of India on Article 66.2

On Thursday, 10 October 2013, India delivered this intervention on Article 66.2 of the TRIPS Agreement mandates developed country members of the WTO to "provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to least-developed country Members in order to enable them to create a sound and viable technological base."

Intervention on Art 66.2

US signs Marrakesh treaty for the blind

USPTO has confirmed that on October 2, 2013, the United States has signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The U.S. signing, which was not accompanied by a press release, took place on the last day of the WIPO General Assembly, and one day after the United States government began to shut down non-essential operations as a consequence of disputes over the Affordable Care Act.

Congress asked to hold hearings on NIH failure to address abuses of government financed medical inventions

We sent this letter to the Hill today.

October 8, 2013

Dear Senators Reid and McConnell, Representatives Boehner and Pelosi,

We are writing to ask that Congress hold a hearing on the failure of the NIH to exercise its authority to protect the public from abuses in federally funded inventions.

Since the passage of the Bayh­Dole Act in 1980, the Department of Health and Human Services (DHHS) has never granted a petition to "march in" to permit third parties to use patents invented on federally funded research in response to abuses of the patent rights.

EPO and OHIM publish misleading report on intellectual property rights intensive industries in EU economy

In 2012 the US Patent and Trademark Office (USPTO) published a study titled "Intellectual Property and the U.S. Economy: Industries in Focus" which estimated the number of jobs if various "IP intensive" industries. The study was immediately panned by critics for its broad definitions -- grocery stores were the top "ip intensive industry" in the United States, but it became a source of go-to-statistics for every PhRMA and publisher lobby group pushing new privileges and subsidies. (Commentary here:

Evolving Copyright and the Relationship With the Trans-Pacific Partnership Agreement (TPP)

Table of Contents:

I. Parallel Importation
II. Copyright Terms
III. Technological Protection Measures
IV. Fair Use
V. Marrakesh Treaty
VI. Libraries, Archives and Museums
VII. Statutory Damages
VIII. Orphan Works


Broadcasting & Webcasting is Back on Track at WIPO

The webcast of WIPO General Assemblies taking place this week (September 23 to October 2, 2013) in Geneva, Switzerland is now available on demand. The Standing Committee on Copyright and Related Rights (SCCR) work program starts at minute 33 of the morning session of Thursday September 26 (first video of the day). It is all about broadcasting & webcasting and whether or not the casting treaty is ready or not ready for prime time, it seems to be moving quite fast to the top of the agenda of the SCCR.

Opening Statement of the Holy See at the 51th WIPO General Assembly

Noting that the "decisive factors in productivity have shifted from land and capital to know-how, technology and skill," and the need for an intellectual property system that will "balance the private rights of inventors with the public needs of society" the Holy See gave the following opening statement at the 51th WIPO General Assembly.

Statement by H.E. Archbishop Silvano M. Tomasi, Permanent Representative of the Holy See to the United Nations and Other International Organizations in Geneva
51th Series of Meetings of the WIPO Assemblies
September 24,  2013

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