Analysis of Kirtsaeng v. John Wiley & Sons (Parallel Importation Case); Supreme Court Applies International ExhaustionSubmitted by Krista Cox on 19. March 2013 - 9:49
Today, 19 March 2013, the Supreme Court released its opinion in Kirtsaeng v. John Wiley & Sons, a case involving the parallel importation of copyrighted works. The case involved the petitioner, Kirtsaeng, purchasing textbooks in Thailand then reselling them in the United States. The Second Circuit held in this case that the first sale doctrine did not apply to foreign made goods, applying national exhaustion principles.
On Monday, March 18, 2013, the National Institutes of Health (NIH), held a conference call with the four NGOs that filed an October 25, 2012 march-in request for the patents held by Abbott Laboratories/AbbVie relevant to the manufacture and sale of ritonavir, a federally funded invention that is much more expensive in the United States than in Canada, Europe or other high-income countries, and is only available as a co-formulated product with AbbVie's version of lopinavir.
Informed sources have provided KEI the following draft text of the IP chapter under negotiation between the European Union and India in current free trade agreement talks. KEI will provide analysis of these provisions in due course.
Pending U.S. Court Cases on Intellectual Property and Their Relation to the Trans-Pacific Partnership Agreement (TPPA)Submitted by Krista Cox on 8. March 2013 - 9:36
**Updated 19 March 2013, after the Supreme Court released its opinion in Kirtsaeng ruling to permit parallel importation of copyrighted works**
5 March 2013-WTO TRIPS Council-Intervention of Brazil on LDC request for an extension to the transition periodSubmitted by thiru on 7. March 2013 - 10:36
On Tuesday, 5 March 2013, Brazil delivered the following statement at the WTO TRIPS Council in favor of the LDC Group's request for an extension to the transition period. The draft decision, if adopted as outlined in proposal (IP/C/W/583), would permit an LDC member not to apply the provisions of the TRIPS Agreement, other than Articles 3, 4 and 5, until they ceased to be an LDC.
Here is Brazilian intervention in full.
5 March 2013-WTO TRIPS Council-Intervention of EU on LDC request for an extension to the transition periodSubmitted by thiru on 6. March 2013 - 10:42
On 5 March 2013, the European Union delivered the following statement during WTO TRIPS Council discussions on the LDC group’s request for an extension of the transitional period for TRIPS implementation.
5 March 2013-Intervention of Nepal (LDC Group) at WTO Council for TRIPS: Request for an Extension of the Transitional PeriodSubmitted by thiru on 6. March 2013 - 3:22
On Tuesday, 5 March 2013, the Ambassador of Nepal made the following intervention at the World Trade Organization's Council for TRIPS, on behalf of the LDC Group on agenda item 11, Request for an Extension of the Transitional Period under Article 66.1 of the TRIPS Agreement.
WTO Council for TRIPS Meeting, March 5-6, 2013
Agenda item 11 – Request for an Extension of the Transitional Period under Article 66.1 of the TRIPS Agreement
Presentation of Request (IP/C/W/583) by Nepal on Behalf of LDCs Group
5 March 2013-WTO TRIPS Council-Intervention of India on LDC request for an extension to the transition periodSubmitted by thiru on 5. March 2013 - 12:34
On 5 March 2013, the Government of India made the following intervention at the TRIPS Council under agenda item 11, request for an extension of the transitional period under Article 66.1 of the TRIPS Agreement. In their intervention, India unequivocally supported the duly motivated requested submitted by Haiti on behalf of the LDC Group on 5 November 2012 (IP/C/W/583).
India asserted that the "no roll back provision" of the 2005 extension had no place in the TRIPS Agreement and noted that
5 March 2013-WTO TRIPS Council-Intervention of India on Intellectual Property and Innovation: Small and medium Sized EnterprisesSubmitted by thiru on 5. March 2013 - 12:20
On 5 March 2013, the Government of India delivered the following statement at the TRIPS Council on agenda item 13, Intellectual Property and Innovation: Small and Medium-Sized Enterprises, a standalone item tabled by Chile, Chinese Taipei, the Republic of Korea and the United States of America.
We thank the delegations of Chinese Taipei, Korea, the United States and others for tabling an agenda item on "Intellectual Property and Innovation: Small and medium Sized Enterprises" which we understand is a standalone item.
India Intellectual Property Appeals Board (IPAB) upholds compulsory license on cancer drug in Bayer v NatcoSubmitted by James Love on 4. March 2013 - 8:29
As others have reported, the India Intellectual Property Appeals Board (IPAB) has upheld the compulsory license on the Bayer patents on the cancer drug sorafenib, sold under the trademark of Nexavar by Bayer.
KEI comment on the Medicines Patent Pool license and MoU with ViiV Healthcare
28 February 2013
The 27 February 2013 agreements between the Medicines Patent Pool (MPP) and ViiV Healthcare, a joint venture of GlaxoSmithKline, Pfizer, and Shionogi will expand access to affordable pediatric formulas for HIV/AIDS.
The US Department of Justice and USPTO call for compulsory licenses on thousands of "standards-essential" patentsSubmitted by James Love on 26. February 2013 - 7:37
On January 8, 2013, the US Department of Justice (DOJ) and the U.S. Patent and Trademark Office (PTO) issued a joint statement on "remedies for standards-essential patents subject to voluntary F/RAND commitments. (Copy of statement here).
The following statement was delivered at the 19th session of the WIPO Standing Committee on the Law Of Patents (SCP) after presentations by the secretariats of WIPO, WHO and WTO on the trilateral report.
26 February 2013