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Contrast in privilege: US officials working to block WTO LDC drug patent waiver, and people affected by policy

On the left, the people in the Obama Administration trying to block a permanent waiver of WTO drug patent obligations for Least Developed Countries (as defined by the UN). On the right, some people living in least developed countries.

Michael_Froman_official_portrait_300x.jpg
Ambassador Michael Forman. Head of USTR. Alma maters: Princeton, Oxford and Harvard Law. Formerly ran a hedge fund for Citibank.

KEI protests USTR opposition to WTO LDC permanent drug patent waiver

On Wednesday, October 14, 2015, KEI staff and members of Public Citizen's Global Access to Medicines team demonstrated outside of the White House and USTR, urging the administration, especially USTR and Ambassador Michael Froman, to support a request for a permanent drug patent waiver for Least Developed Countries (LDCs) at the WTO.

Below are images from the protest action, also available in higher resolution here. And, yes, you can use these photos under any creative commons or wikimedia license.

WIPO General Assembly 2015: Proposed Agenda Item 12 Decision Paragraph on the SCCR Report (Adopted)

In the early hours of Thursday morning, 15 October 2015, the WIPO General Assembly adopted the following decision related to the future work of the Standing Committee on Copyright and Related Rights (SCCR). There was no consensus on future work so the Assembly directed the SCCR to "continue its work" on the protection of broadcasting organizations and copyright limitations and exceptions.

Commentary on the WTO negotiations over waiver of drug patents for Least Developed Countries (LDCs)

Below you will find a collection of articles in the press and commentary by KEI relating to the request for LDC patent exemption on pharmaceutical products at the WTO.

KEI commentary

Senator Sherrod Brown letter to USTR, supporting permanent waiver of WTO drug patent rules for LDCs

Attached is a letter, dated October 14, 2015, from Senator Sherrod Brown to USTR's Ambassador Michael Froman, urging USTR to support a permanent waiver of WTO drug patent rules, for Least Developed Countries. Negotiations on this issue begin formally on October 15, 2015, during a meeting of the WTO TRIPS Council.

Among the money quotes:

Final draft, India National IPR Policy, by IP Think Tank constituted by DIPP, Ministry of Commerce and Industry

This is a copy of recommendations for an Indian National IPR Policy, written by the "IP Think Tank," which was constituted by the Department of Industrial Policy & Promotion(DIPP), Ministry of Commerce and Industry, Government of India. A copy scanned from a hard copy is here.

The members of the IPR Think Tank were:

  • Justice Prabha Sridevan (Retd) - Chairperson
  • Mrs. Prathiba M. Singh, Senior Advocate - Member
  • Mr. Narendra K. Sabharwal - Member & Convener

Will WIPO convene a Diplomatic Conference on a Broadcasting Treaty in 2017?

The World Intellectual Property Organization's (WIPO) General Assembly is currently engaged five separate informal consultations on the following topics: 1) Lisbon Union, 2) the future of the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore, 3) the work program of the Standing Committee on Copyright and Related Rights (SCCR), 4) the Design Law Treaty and 5) WIPO External Offices.

WTO TRIPS Council (October 2015) to discuss LDC extension for pharmaceuticals, non-violation, review of the Paragraph 6 system

The WTO TRIPS Council meets from Thursday, 15 October 2015 to Friday, 16 October 2015. The hot topics for consideration include agenda item 13 (Request from the LDC Group for an indefinite exemption from WTO IP obligations to provide patents for pharmaceutical products, agenda item 8 (non-violation and situation complaints), agenda item 7 (Review of the Paragraph 6 system) and agenda item 14 (a discussion item co-sponsored by Australia, the European Union and the United States on "Intellectual Property and Innovation: Entrepreneurialism and New Technologies).

US, AU and CA try to block WTO LDC drug patent waiver because PhRMA's not happy enough with the TPP

Members of the World Trade Organization (WTO) meet this week in Geneva (15 October 2015 - 16 October 2015) to decide if the poorest countries on earth are exempt from WTO rules for pharmaceutical patents. The WTO's TRIPS Council is expected to make a decision in respect of the request of the LDC Group's request for indefinite exemption from TRIPS obligations on pharmaceutical patents.

Video: Coalition for Affordable T-DM1 Crown Use Request (in UK, for patents on cancer drug Kadcyla)

This is a video explaining the request by the Coalition for Affordable T-DM1 to use the Crown Use provisions in the UK patents law, in order to grant compulsory licences on the patents relating to the cancer drug T-DM1, marketed by Roche under the brand name Kadcyla. The video was produced and edited by Zack Struver for KEI, and features narration by Merith Basey from UAEM.

Commentary on TPP IP Chapter Leak

Press Releases and Articles about the IP Chapter of the TPP

Leaked text can be found here.

Some KEI Tweets regarding TPP IP Chapter

On 9 October 2015, Wikileaks released the final text of the IP chapter in the Trans-Pacific Partnership. Jamie Love provided comments via twitter.

https://twitter.com/jamie_love

Updated: 9 October 2015
(In the order posted)

WIPO General Assembly 2015: Statement of United States on Broadcasting Treaty and Copyright Limitations and Exceptions

On Wednesday, 7 October 2015, the United States of America delivered the following statement on agenda item 12 (Report on the Standing Committee on Copyright and Related Rights). The US expressed support for a broadcasting treaty under a signal-based approach, focused on "unauthorized simultaneous or near-simultaneous retransmission of broadcast signals to the public over any type of platform, including the Internet."

On copyright limitations and exceptions, the US expressed support for

FDA enforcement discretion to allow unregistered generic Daraprim to be imported and sold at lower prices

In 2011, the FDA told the NIH it could use enforcement discretion to permit importation and sale of unregistered drugs

In 2011, in the context of a shortage of Fabrazyme, the FDA told the NIH if they could "in theory" allow Shire to import and sell Replagal, a drug approved for sale in Europe, but not in the United States, as an unregistered biologic substitute. The remedy explored for the Fabrazyme shortage may be the best way to address a different problem, the price gouging associated with the drug Daraprim (generic name: pyrimethamine).

Statement of KEI on announcement of consensus on Trans Pacific Partnership (TPP) trade agreement

Statement of KEI on announcement that there is a consensus on the Trans Pacific Partnership (TPP) trade agreement
October 5, 2015, 10am, EST

These comments by James Love, KEI Director


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