Of possible interest

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?:

Dmitry Medvedev's Nov 2011 message to the G20 leaders on call for new copyright treaty

In 2011, Russia made a very important proposal to the G20 regarding the need for new global norms on copyright. Just a few parts of the message illustrate its ambition.

  • to expand the opportunities of right holders to manage and exercise the rights to the results of intellectual activities on the Internet;
  • to amend the way of obtaining a right holder's consent

TPP IP text would restore right to sue surgeons and other medical professionals for patent infringement. Why?

Kista Cox on a provision in the TPP trade negotiation that would restore right to sue surgeons and other medical professionals for patent infringement. The US law (35 USC 287(c)) was changed after lawsuits were filed against surgeons performing certain procedures in eye surgery. USTR and USPTO have been asked to protect this exception in the TPP Intellectual Property Chapter, but have not done so.

Which U.S. public official is LEAST likely to favor a treaty on copyright exceptions for blind people?

David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the USPTO
12% (16 votes)
Ambassador Ronald Kirk, United States Trade Representative
20% (26 votes)
Maria Pallante, Register of Copyrights in the United States
17% (22 votes)
Robert D. Hormats, Under Secretary of State for Economic Growth, Energy, and the Environment
5% (6 votes)
Michael Froman, White House Deputy National Security Adviser for International Economic Affairs
5% (7 votes)
Vice President Joe Biden
40% (52 votes)
Total votes: 129

2012: NIH case: exclusive rights in regulatory test data are absolute, even where there are drug shortages

In August 2, 2010, the National Institutes of Health (NIH) was asked to grant an open license to permit manufacture of Fabrazyme, a drug used to treat Fabry disease (more on the march-in case here: http://www.keionline.org/fabrazyme). On December 1, 2010, Francis S. Collins, Director of the NIH issued a determination in the case, rejecting the petition for the NIH to exercise its march-in rights, citing as support for the denial that granting march-in rights would not overcome other barriers, including the exclusive rights in test data.

DG-Enterprise - data exclusivity prevents access to life saving drugs (in the EU), even in an emergency situation

On February 20, 2006, Martin Terberger, the Head of Unit for Pharmaceuticals in the European Commission Directorate-General for Enterprise and Industry, wrote to Greg Perry of the European Generic medicines Association (EGA). The letter was a follow-up to an inquiry from the EGA regarding "the question of data exclusivity under the European pharmaceutical legislation," in cases where a government overrode the exclusive rights of a patent and granted a compulsory license, and/or in a case of a medical emergency.

AIDS 2012: Former President Clinton and House Minority Leader Nancy Pelosi Speak at Closing Ceremony

The XIX International AIDS Conference, which saw over 24,000 participants, came to a close on Friday, July 27, 2012. A number of people living with HIV/AIDS, activists, the immediate past president and current president of the International AIDS Society (and 2008 Nobel Prize Winner in Medicine), House Minority Leader Nancy Pelosi (D-CA), and former President Bill Clinton were among the speakers.

AIDS 2012: Senator Sanders (I-VT) Speaks on S.1138, HIV/AIDS Prize Fund Bill

At a session on the AIDS Financial Crisis, Senator Bernie Sanders (I-VT) presented on the bill he introduced last year, S.1138, a Prize Fund for HIV/AIDS.

AIDS 2012: US Congress and the Global AIDS Epidemic

At the International AIDS Conference 2012, on July 25, 2012, former Senator Frist (R-TN) moderated a panel of four members of Congress on "The U.S. Congress and the Global AIDS Epidemic." The four members of Congress included Congresswoman Barbara Lee (D-CA), Senator Marco Rubio (R-FL), Senator Chris Coons (D-DE) and Senator Mike Enzi (R-WY).

From left to right: Congresswoman Lee, Senator Rubio, former Senator Frist, Senator Coons and Senator Enzi

KEI comment on SCCR 24

The final conclusions of SCCR 24 are available here.

I'm going to spend some time adding to this, but to have something out quick, here are few thoughts.

1. Disabilities.

The Good: sets the stage for diplomatic conference in 2013, which is now highly likely.
The Bad: Lots of brackets in the text, and EU bent on making the agreement unworkable, and the US and EU hold off on the "nature of the instrument" is a treaty discussion.

Final conclusions from SCCR 24

These are the final conclusions from SCCR 24, as approved early Thursday morning.

World Intellectual Property Organization (WIPO)
Standing Committee on Copyright and Related Rights (SCCR)
Twenty–fourth Session
Geneva, July 25, 2012

Draft conclusions


SCCR24 points to a pathway for a diplomatic conference for VIPs; extraordinary GA to be held in December 2012

Plenary has resumed at 1:32 AM on 26 July 2012. Reproduced below are the conclusions of SCCR 24.

World Intellectual Property Organization (WIPO)
Standing Committee on Copyright and Related Rights (SCCR)
Twenty–fourth Session
Geneva, July 25, 2012

Draft conclusions


SCCR24: India on Contribution of the SCCR to the implementation of the respective Development Agenda recommendations

INDIA: Thank you, Mr. Chairman. Indian Delegation joins the distinguished Delegations of Iran, Egypt, South Africa in supporting the statement by the Distinguished Delegate and leader of the Development Agenda Group, the Brazil Indian Delegate. The Development Agenda recommendations and goals have achieved recent success in the Beijing spirit when we included the paragraphs, the preamble of the new treaty. And from there we have been listing -- participating in the norm setting activities, in the limitations and exceptions.

NGOs on Libraries and Archives July 25, 2012 at SCCR24

Libraries, public interest and other NGOs intervention followed the governments discussions on the topics for libraries and archives:

>> CHAIR: ... Strictly three minutes.

Last day at SCCR 24, July 25, 2012 Governments views regarding libraries and archives

Government's interventions (excerpts) on the libraries and archives and how to continue work on possible 11 topics (or only 2 or 3?) that should be prioritized

Here are the topics:

Preservation of library and archival materials
Reproduction and Distribution of Copies by Libraries and Archives
Legal deposit
Supply of works/Library lending
Right to Parallel Importation
Right to Cross-Border Uses
Orphaned works
Limitation on Liability for Libraries and Archives
Obligations Concerning Technological Protection Measures
Relationship with contracts
Right to Translate Works

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