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?:

The US Proposal for IP Enforcement in the TPPA and Impacts for Developing Countries

The United States proposal for the TPPA includes many demands that will increase intellectual property rights for rightholders. The leaked text reveals that the United States seeks to introduce numerous measures that go well beyond the requirements of the World Trade Organization (WTO) Agreement on Trade Related Aspects of Intellectual Property (TRIPS), known as TRIPS-plus provisions. Some of the areas of concern include the provisions on intellectual property enforcement.

KEI statement on the J&J darunavir announcement

In a press release, Johnson and Johnson "announced their intention not to enforce the patents they own and control on the antiretroviral (ARV) drug darunavir provided the darunavir product is medically acceptable and is used only in resource-limited settings," which J&J defines as the 48 UN defined Least Developed Countries plus any other country in sub-Saharan Africa. This is the KEI statement on the J&J darunavir announcement.

WHO negotiators propose putting off R&D treaty discussions until 2016

Around 2 am the open ended consultations on the CEWG recommendations finished their work on a report and proposed resolution, which is attached below. [See also interviews during the negotiations here: http://www.youtube.com/user/KEIWashDC/videos.]

KEI files amicus brief in case on international patent exhaustion

On Tuesday, 27 November 2012, KEI filed an amicus brief to the Supreme Court of the United States in the case Ninestar Technology Co., et. al. v. International Trade Commission, et. al., supporting the Petitioners' petition for writ of certiorari (essentially asking the Supreme Court to agree to hear the case). This case involves the application of the patent exhaustion doctrine (also known as the first sale doctrine), specifically whether the United States applies a system of international exhaustion of rights or national exhaustion of rights.

David Kappos' war on poor people, and his indifference to broader public interest reforms

Apparently David Kappos will be leaving the USPTO sometime early next year. Today there is much commentary from patent community giving him high marks, and I'm willing to believe there are high marks to give. But he also had some big shortcomings. Here are a few:

Wellcome Trust tells WHO it opposes R&D Treaty and the de-linkage of R&D costs from drug prices

At WHO deliberations (26 November 2012 to 28 November 2012) on charting a path forward following the recommendations of the Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG), Bolivia, Colombia and Thailand reiterated their political commitment supporting a binding R&D treaty.

SCCR 25 final conclusions

Just before 8 p.m. on Friday evening, the 25th session of the WIPO's main committee for copyright policy, the Standing Committee on Copyright and Related Rights (SCCR), completed its work and adjourned.

Canada endorses treaty for copyright exceptions for print disabilities at WIPO SCCR 25

sccr25, canadaSome have written to ask what the Canada position is on the proposed WIPO treaty on copyright exceptions for persons who are blind or have other disabilities. For the first 3.5 days of the meeting, Canada did not say anything.

SCCR concludes work on treaty for blind text, dates for more negotiations, GA likely to schedule diplomatic conference in 2013

sccr_IMG_1587.JPGThe SCCR has seems to have finished its work on the text for a possible treaty on copyright exceptions for persons who are blind or have other disabilities, and earlier than expected. The new text distributed to delegates is 25 pages long (attached below), and includes several articles with no brackets. There are many differences to be resolved. The question is, will WIPO proceed with a diplomatic conference in 2013?

November 22 evening version of text, WIPO treaty for blind

Update: (revised version here)

Yesterday they finished work on the definition of a work. Audiovisual works and related rights are out, ebooks and audio books are in.


For the purposes of these provisions


November 21 version of WIPO treaty for the blind negotiating text


We are interested in hearing from people on any part of the text (mailto:james.love@keionline.org).

Note that on page 9 that the brackets have been removed on the definition of "authorized entity."

US intervention at WIPO Committee on Development and Intellectual Property: Patent related flexibilities

This was the first intervention delivered by the United States of America during last week's discussion at the 10th session of World Intellectual Property Organization's Committee on Development and Intellectual Property on the item of patent related flexibilities.

US intervention #1 on CDIP/10/11

• The United States would like to express its appreciation to the Secretariat for its preparation of the document CDIP/10/11. We have several comments on the patent-related flexibilities proposed to be studied at CDIP.

Distance education for blind people opposed by a White House responsive to MPAA

hvrtwr_kbd_225x150_q60.jpgDuring the WIPO negotiations on disabilities, the White House has told U.S. Blind groups it will kill a WIPO treaty on copyright exceptions for persons who are blind or have other disabilities if the treaty covers audiovisual works, including those used in education, including distance teaching programs.

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.



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