- KEI's comments on Special 301, March 7, 2014
- KEI Comments on Patient Assistance Programs as referenced in the 2014 Special 301 Review Hearing
- KEI Comments on the IIPA oral and written submission to 2014 Special 301 regarding education and research
- Boeing submission to US ITC (No. 332-543): India has a legal framework that is adequate to protect IP
- WTO TRIPS Council (February 2014) - EU intervention on the contribution of IP to facilitate the transfer of clean technologies
- WTO TRIPS Council (February 2014) - EU's intervention on Technical cooperation and capacity building
- WTO TRIPS Council (February 2014) - EU's intervention on IP and Innovation: University Technology Partnerships
- EU proposals for TTIP, TRADE IN SERVICES, INVESTMENT AND E-COMMERCE, July 2, 2013
- ITC Investigation No. 332-543, KEI written statement, February 14, 2014 hearing
- WTO TRIPS Council (February 2014) - Bangladesh's intervention on Non-Violation and Situation Complaints
16 December 2013
Monday afternoon's session of the WIPO SCCR witnessed a spirited debate on the heart of the proposed WIPO broadcast treaty (Article 6) on the Scope of Application. The original consolidated text, SCCR/24/10 CORR, contains two alternatives, A and B with language detailing the relationship between the protection of signals, the underlying content and webcasting.
A new campaign (see www.resale-right.org) started today with an elegant lunch provided by the European Visual Artisits (EVA) representing the demandeurs of a brand new global right, the resale right (droit de Suite). It was followed by a panel of visual artists and their representative among them a very articulate DG of ADGO (Societe des auteurs dans les arts graphiques et plastiques), Marie-Anne Ferry-Fall.
The Monday morning session of SCCR 26 went very fast. The agenda was approved in few minutes. Two days will be about the broadcasting treaty, two days will be about libraries and archives and one day on education. 6 side events: artists resale, authors forum launch, authorized entities, IP and video games study, Libraries and archives and Museum and IP, WIPO guide.
Michelle K. Lee to become Deputy Director of the USPTO. A very high tech appointment (and that is a good thing)Submitted by James Love on 11. December 2013 - 14:05
USPTO has issued a press release, announcing the appointment of Michelle K. Lee as Deputy Director of the USPTO, beginning in January 13, 2014. Currently Lee is the Director of the USPTO’s Silicon Valley satellite office. The White House reportedly wanted to appoint Lee as the Director, but may have seen the Deputy position as less controversial. For the near future, Lee will be running the USPTO, and will be the most sophisticated person as regards technology to do so, at least in our memory. According to the USPTO Press Release:
STATEMENT OF THE MINISTERS AND HEADS OF DELEGATION FOR THE TRANS-PACIFIC PARTNERSHIP COUNTRIES
December 10, 2013
We, the Ministers and Heads of Delegation for Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam, have just completed a four-day Ministerial meeting in Singapore where we have made substantial progress toward completing the Trans-Pacific Partnership agreement.
Japan wants Webcasting back into the Casting Treaty: What happened to Broadcasting in the "Traditional" Sense?Submitted by thiru on 9. December 2013 - 15:45
In preparation for WIPO's upcoming Standing Committee on Copyright and Related Rights (SCCR) discussions (16 December 2013 to 20 December 2013) on a proposed Treaty for the Protection of Broadcasting Organizations, the Government of Japan submitted a new proposal, SCCR/26/6 (Draft Treaty on the Protection of Broadcasting Organizations) on 28 November 2013 to be consolidated with the main negotiating text, SCCR/24/10 Corr.
29 Organizations and More than 70 Individuals Sign Letter Opposing Life Plus Seventy Year Copyright Term in TPPSubmitted by Krista Cox on 9. December 2013 - 15:44
29 organizations and more than 70 individuals signed on to the final letter opposing copyright terms of life plus seventy years in the Trans-Pacific Partnership Agreement (TPP). A PDF version of the final letter is attached below. An earlier version of the letter with a substantial number of signatures was sent to all lead IP negotiators and all chief negotiators in the TPP on Friday, 6 December 2013, in advance of the TPP ministerial.
6 Members of Congress Write to President Obama on TPP and Access to Health Care, Criticize Closed Door NegotiationsSubmitted by Krista Cox on 9. December 2013 - 13:05
On 9 December 2013, six members of Congress sent a letter to President Obama citing concerns in the TPP regarding access to health care and affordable medicines. The six members include Representatives Jan Schakowsky (D-IL), Michael Michaud (D-ME), Rosa DeLauro (D-CT), George Miller (D-CA), Barbara Lee (D-CA) and Peter Welch (D-MA). The letter primarily addresses efforts by USTR that result in greater monopoly power and delay entry of generic medicines, and how such efforts will affect state and federal budgets.
Rep. Zoe Lofgren (D-CA) Criticizes Copyright Provisions in Trans-Pacific Partnership Agreement (TPP)Submitted by Krista Cox on 7. December 2013 - 4:47
On December 5, 2013, Representative Zoe Lofgren (D-CA) participated in a press conference where she criticized the copyright provisions in the Trans-Pacific Partnership Agreement (TPP). In particular, she noted three specific concerns including exporting lengthy copyright term, restrictions on copyright limitations and exceptions, and locking in bad provisions on technological protection measures (TPMs). The full press release is reprinted below:
Rep. Zoe Lofgren on Emerging & Controversial Trans Pacific Partnership (TPP) Trade Treaty
Professor Joseph Stiglitz has written an open letter to the TPP negotiators, asking that they resist proposals to weaken consumer rights in intellectual property. The letter identifies 12 specific "grave risks" in the IP Chapter, and calls upon negotiators to publish the investor state dispute resolution text.
In a 6 December 2013 letter, Representative Henry Waxman wrote to USTR Ambassador Michael Froman opposing USTR's proposal of a term of 12 years of exclusivity for biologics in the Trans Pacific Partnership (TPP). The letter notes,
[w]hile I have worked closely with Senator Hatch on important health issues, including the generic drug law that we co-authored in 1984, I strongly disagreed that the United States should be proposing twelve years of exclusivity.
USTR recently asked KEI if there were areas in the IP Chapter where we approved of the positions taken by USTR, and the answer is, yes. Given how critical we have been about the text, I will mention a few here.
USTR now "supports a more flexible approach under which partners could retain reasonable patent pre-grant opposition procedures." This is welcome, and useful.
In a word, MSF is disappointed.
Vatican criticizes Trans Pacific Partnership: Holy See statement to 9th WTO Ministerial Conference in BaliSubmitted by thiru on 5. December 2013 - 6:36
The 9th Ministerial Conference of the World Trade Organization (WTO) is taking place in Bali, Indonesia from 3-6 December 2013. At the Ministerial, H.E. Archbishop, Silvano M. Tomasi, Apostolic Nuncio, Permanent Observer of the Holy See to the United Nations and Other International Organizations in Geneva delivered a withering critique of the Trans Pacific Partnership and the Transatlantic Trade and Investment Partnership.
On November 28, 2013, I wrote a blog about the problems in using the World Bank's definition of high income, in the specifc context of a proposal by the United States to use this as a measure of which countries in the TPP should have lower standards for intellectual property rights on medical inventions. (See: http://www.keionline.org/node/1834).
Here a different metric is presented, based upon relative incomes, benchmarked against the five highest income countries in the TPP with a population of more than 1 million persons.