Of possible interest

Recent blogs about the World Intellectual Property Organization (WIPO) meetings are available at http://keionline.org/wipo.

The US Secretary General High Level Panel on Access to Medicine. KEI submissions.

Request to NIH and Army to use government royalty free or march-in rights in the prostate cancer drug Xtandi.

Proposal for a WTO Agreement on the Supply of Public Goods.

Prices and patents on drugs, vaccines and diagnosis of hepatitis.

Innovation inducement prizes, possibly as an alternative to IPR monopolies to reward successful innovation.

Now is a good time to donate money to KEI

KEI Timelines, on a variety of topics.


Governments can ration access to cancer drugs, or break patent monopolies. Why is rationing so popular?:

Talking points for KEI statement at SCCR 25, November 21, 2012

I just read from these talking points at WIPO SCCR 25, where the topic under discuss is a proposed treaty for persons who are blind or have other disabilities. (See http://keionline.org/r2r).

1. KEI is disappointed that deaf people are left out.

2. KEI is disappointed that there is a proposal to eliminate the article on contracts. We agree with the Library Copyright Alliance that contracts are now being used to undermine exceptions. The treaty should have provisions to make it clear that governments may override exception killing contracts.

WIPO releases negotiating November 20th text: Treaty for the Blind

On Wednesday, 21 November 2012, the plenary of the 25th Standing Committee on Copyright and Related Rights (SCCR) resumed at 10:30 AM. After the plenary, the an ambassador-level meeting of the African Group will be held. The informals are expected to take place between 2PM to 9PM.

The November 20th text is reproduced below:

Text agreed on November 20, 2012.



United States Four Fair Use Factors and the WTO Three-Step Test

Copyright limitations and exceptions are important limits to the exclusive rights of the copyright holder, permitting use of copyrighted works without the right holder's permission in certain cases. Under international law, some specific limitations and exceptions exist, such as those enumerated by the Berne Convention.

Obama v blind people, day one of SCCR 25 negotiations on WIPO copyright treaty for disabilities

start Picture of Kappos, Obama, Lecuona and Brunson
From left to right, USPTO Director David Kappos, President Obama, Pablo Lecuona of Tiflolibros and Melanie Brunson of the ACB

European Union announces its mandate to negotiate a binding Treaty for the Blind

On 19 November 2012, the European Union announced to WIPO's Standing Committee on Copyright and Related Rights (SCCR) that it now had the mandate to "negotiate the conclusion conclusion of an instrument including a binding treaty" for the blind.


Statement by the European Union and its Member States 25th Session of WIPO Standing Committee on Copyright and Related Rights

Mr Chairman,

Intervention of African Group at WIPO copyright committee (SCCR25)

Egypt, on behalf of the African Group, delivered the following general intervention at the beginning of WIPO discussions at the 25th Standing Committee on Copyright and Related Rights (SCCR). This was taken from the WIPO live stream of SCCR negotiations: http://www.streamtext.net/player?event=WIPO

WIPO Copyright Committee (SCCR 25) begins week of negotiations. Treaties for disabilities and broadcasting are focus

sccr25 wbu delegation, 19nov2012
Maryanne Diamond and Chris Friend of the WBU listen to opening interventions at SCCR 25

Republican Study Committee report suggests copyright reforms, including shorter copyright terms and expanded fair use

Update: November 17, 2012, 10:27pm: The report was removed from the RSC website on Saturday afternoon.. Paul Teller, Executive Director of the RSC issued the following statement:

Mark Dybul emerges victorious in Global Fund leadership race defeating candidates from Canada, France and UK

It was a papal conclave save for the plume of white smoke. At 17h04 on Thursday, 15 November 2012, the board of the Global Fund to Fight AIDS, Tuberculosis and Malaria announced that Dr Mark Dybul would be the organization's next Executive Director following a process marked by opacity and secrecy that would do the Vatican proud. Dybul (former United States Global AIDS Coordinator) beat a field of three other candidates that included, Monique Barbut (France), Robert Greenhill (Canada) and Barbara Stocking (United Kingdom of Great Britain and Northern Ireland).

Ecuador issues a compulsory license on abacavir/lamivudine on 12 November 2012

On 12 November 2012, Ecuador issued a compulsory license on abacavir/lamivudine. (attached here) This follows the issuance of Ecuador's first compulsory license in 2009 on ritonavir/lopinavir.

Pay-for-Delay Circuit Split Continues; 31 States File Amicus Brief Arguing Pay-For-Delay is Presumptively Unlawful

Earlier this year, in the case In re K-Dur, the Court of Appeals for the Third Circuit found that reverse settlement agreements, also known as "pay-for delay" arrangements, were prima facie evidence of anticompetitive behavior. The court noted that the presumption that such payments are unreasonable restraints of trade can be rebutted by a showing that the payment either offered a pro-competitive benefit or that the payment was for a purpose other than delayed entry into the market of generics.

NIH expects to rule on ritonavir march-in petition "by the end of the year"

Mark Rohrbaugh has written to Krista Cox to acknowledge the October 25, 2012 march-in petition. According to Rohrbaugh, the petition has be delegated to NIH's Office of Technology Transfer (OTT), and "NIH has begun to review the issues you have brought to our attention." Rohrbaugh closes by saying "We expect to respond to your request by the end of the year."

WTO TRIPS Council (November 2012): Intervention of Brazil on Intellectual Property and Innovation

On 7 November 2012, Brazil delivered the following intervention under agenda item M, "Intellectual Property and Innovation".

Statement by Brazil. TRIPS Council.
“Intellectual Property and Innovation”.

Thank you Chairman,

When Brazil asked for an item on “Intellectual Property and Innovation” to be included in the agenda of this session of the TRIPS Council, together with the US delegation, its primary intention was to help set the stage for a debate, without prejudging any outcome whatsoever.

WTO TRIPS Council (November 2012): Intervention of India on 10th annual review of Article 66.2 (TRIPS Agreement)

On 6 November 2012, India delivered the following intervention under agenda item J, "Tenth Annual Review under Paragraph 2 of the Decision on the Implementation of Article 66.2 of the TRIPS Agreement".


Intervention on Agenda item J: Art 66.2

WTO TRIPS Council (November 2012): Intervention of India on Intellectual Property and Innovation

On 7 November 2012, India delivered the following intervention under agenda item M, "Intellectual Property and Innovation".

We thank the delegations of Brazil and the United States for tabling an agenda item on "Intellectual Property and Innovation" which we understand is a standalone item.
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