- US Policy Making Transparency: A Good Example and a Really Bad Example
- SCCR27: UK proposal on the Proposed WIPO treaty on the protection of broadcasting organizations (the BBC experience)
- 32 Members of US House of Representatives ask USTR to sanction Canada for not granting patents on drugs
- On the Table for the next Standing Committee on Copyright and Related Rights (SCCR27) April 28 to May 2
- KEI comment on ViiV license to Medicines Patent Pool for HIV drug dolutegravir (DTG)
- Leaked EU analysis of TTIP IPR negotiations
- KEI Comments regarding USTR Public Interest Trade Advisory Committee
- 17 March 2014: The African Group highlights the hidden costs of implementing the Design Law Formalities Treaty
- 17 March 2014: European Union urges WIPO SCT to finalize work on a Design Law Formalities Treaty
- Geographical indications, country names and the domain name system: Czech Rep, Germany, Hungary, Italy, Moldova and Switzerland
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.
This is sign-on letter -- Against life + 70 year copyright term in the TPP. See end of letter for details on how to sign.
December 9, 2013
Dear TPP negotiators,
In a December 7-10 meeting in Singapore you will be asked to endorse a binding obligation to grant copyright protection for 70 years after the death of an author. We urge you to reject the life + 70 year term for copyright.
TPP: Senator Hatch to USTR, 12 years of IPR for Biologics test data, no restrictions on cross border data flowsSubmitted by James Love on 3. December 2013 - 14:08
In a December 2, 2013 letter, Senator Orrin Hatch wrote to USTR's Michael Froman, suggesting TPP exclude any countries that do not meet "high levels of ambition." According to Hatch, these high ambitions include agreeing to 12 years of exclusive rights for IPR in biologic drug test data, and the elimination of barriers to cross border data flows (a privacy issue). A copy of the Hatch letter is attached below.
The timing of the Hatch letter is designed to pressure countries meeting in Singapore on December 7-10 in the TPP negotiation, on these two contentious issues.