Of possible interest

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

The UN 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.

Poll

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

Comments on the the Bayer appeal of the compulsory license on Nexavar patents, February 17, 2013

These are KEI's February 17, 2013 comments on the the Bayer appeal of the compulsory license on Nexavar patents.


Comments on the the Bayer appeal of the compulsory license on Nexavar patents.

February 17, 2013

The dispute is Bayer Corporation v Natco Pharma Limited, and is being heardbefore the Intellectual Property Appellate Board At Chennai (O.R.A. no. 35/PT/2012).

WIPO Special Session SCCR negotiations on treaty for blind, 20 February 2013 version of the text

Attached below is the version of the negotiating text from 20 February 2013. It includes several new or edited footnotes. We expect the WIPO Special Session of the Standing Committee on Copyright and Related Rights (SCCR) to discuss the new text at the plenary which is scheduled to commence at 10, Wednesday, 21 February 2013.

Footnote 10 is placed within Article E of the draft treaty text on "Importation of Accessible Format Copies" which states

Why do US and EU trade negotiators hate the Berne Copyright Limitations and Exceptions?

For the past year, a treaty on copyright exceptions for persons who are blind or have other disabilities has been hung up on demands by the European Union to insert provocative language on the so called "three step test" in copyright into the treaty. The Trans Pacific Partnership Agreement is in the middle of a similar dispute, with the US pushing language that would place the three step test on top of all copyright limitations and exceptions, including those set out a particular cases in the Berne Convention.

SCOTUS Oral Arguments in Bowman v. Monsanto; Court to Decide Application of Patent Exhaustion to Self-Replicating Technology

On Tuesday, 19 February 2013, the Supreme Court of the United States heard oral arguments in the case, Bowman v. Monsanto. This case involves the application of the patent exhaustion doctrine to self-replicating technology, in this case, seeds.

MEP Keller questions EU on its position on extension of WTO TRIPS Agreement transition period for Least Developed Countries

On 28 January 2013, the following question tabled by MEP Franziska Keller (Verts/ALE) to the European Union on the EU's position on extension of WTO TRIPS Agreement transition period for Least Developed Countries was made available.

WIPO provides limited access to observe informal negotiations, but bans use of Internet social media

The WIPO Special Session negotiating the text of a new treaty on copyright exceptions for persons with disabilities is meeting from February 18 to 22. Yesterday all of the negotiations were behind closed doors, but this morning WIPO made public a copy of the revised negotiating text (available here: http://www.keionline.org/node/1651).

WIPO Special Session negotiations on treaty for blind, Feb 18th version of text

Attached below is the version of the negotiating text from February 18. It includes several new or edited footnotes.

Fn5. concerns language on translation.

Fns 6 and 9 are proposals for language that would permit a country to limit exceptions to cases where "the particular accessible format, cannot be obtained commercially under reasonable terms for beneficiary persons in that [Member State’s] market."

Fns 7 and 8 are proposals to address the delivery of an accessible work to a person in another country. These are among the more contentiousness issues this week.

WHO/WIPO/WTO trilateral report: Human rights, de-linkage and the R&D Treaty

As mentioned in a previous piece, the trilateral report by the secretariats of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), Promoting Access to Medical Technologies and Innovation: Intersections between public health, intellectual property and trade, covers a lot of ground including but not limited to: 1) the global burden of disease and global health risks, 2) health and human rights, 3) access to essential medicines: an indicator for the fulfillment of the right to

KEI's 2013 Special 301 Comments

On Friday, 8 February 2013, KEI filed comments to USTR on the 2013 Special 301 Review. The comments request support for an extension of the transition period for least-developed countries, issues regarding compulsory licenses, patent linkage, exclusive rights over test data, and standards of patentability. With regard to copyright, KEI submitted comments covering issues of technological protection measures and DMCA-style legislation on notice-and-takedown procedures. KEI also made comments regarding the enforcement of intellectual property rights.

Abbott and Senator Hatch lambast Global Fund's policy on generics and compulsory licensing

On 13 April 2011, Senator Orrin Hatch (Republican-Utah) wrote a letter to then-Secretary of State, Hillary Clinton complaining about Global Fund's policy on generic procurement and compulsory licensing. With respect to procurement, Sen. Hatch asserted that Global Fund monies were used to procure generic drugs "at unnecessary costs in recipient countries" while branded drugs (all Abbott products) were were available at a lower cost.

PAIPO

Some key events in the early development of the proposal for a Pan African Intellectual Property Organization
Joelle Dountio
10 February 2013

WHO/WIPO/WTO report on Promoting Access to Medical Technologies and Innovation: Article 39.3 and the cost-sharing approach

On Tuesday, 5 February 2013, the Secretariats of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) released their joint publication, Promoting Access to Medical Technologies and Innovation: Intersections between public health, intellectual property and trade. This 251-page report covers a lot of ground.

In the words of the secretariats,

The Blur Banff proposal

Notes on the Blur Banff proposal*
KEI Research Note 2013:1
February 1, 2013

This is a brief note on the Blur/Banff proposal for a system of decentralized decision making and competitive intermediaries to provide money to support recorded music that is freely available. Also discussed are extensions of the competitive intermediary approach to other areas where information goods can be supplied as public goods.

KEI files amicus brief to Supreme Court in BRCA gene patent case

On Thursday, 31 January 2013, KEI filed an amicus brief to the Supreme Court of the United States in the case Association for Molecular Pathology, et. al. v. Myriad Genetics, Inc., et. al. Our full brief is available for download here.

Background

KEI files amicus brief in pay-for-delay case; SCOTUS to resolve circuit split on legality of reverse payment settlements

On Monday, 28 January 2013, KEI filed an amicus brief to the Supreme Court of the United States in the case Federal Trade Commission v. Watson Pharmaceuticals**. The case involves a question of whether pay-for-delay settlement agreements, also known as reverse payments (where a branded pharmaceutical company will pay a generic firm to stay off the market for a certain period of time), are per se legal or whether they are presumptively anticompetitive.

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