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?:

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

SCCR/24/9 Prov. The revised "instrument" for copyright exceptions for disabilties

Attached below is the new text of the "instrument" for copyright exceptions for disabilties.
SCCR/24/9 Prov.
DATE: July 25, 2012

Standing Committee on Copyright and Related Rights

Twenty?fourth Session
Geneva, July 16 to 25, 2012

REVISED Working Document on an International Instrument on Limitations and Exceptions For Visually Impaired Persons/Persons with Print Disabilities

prepared by the Secretariat

Kicking the can down the road? Draft conclusions for SCCR 24, from 10:45 PM, July 24, 2012

Below are the draft conclusions, from the evening informal negotiations session on future work. The document say the version is current as of 10:45 PM, Geneva time.

July 24 SCCR 24 informals on blind treaty produce a text, but EU and US block real movement on treaty

This evening's informal negotiations at the SCCR 24 on the disabilities issue are over, and delegates are coming out now, with a variety of different stories. Some new document will be tabled Wednesday morning. It will have some important differences, unlike a fairly clean text that was tabled a year ago as SCCR/22/15 REV.1, which was endorsed by Argentina, Australia, Brazil, Chile, Colombia, Ecuador, the European Union and its Member States, Mexico, Norway, Paraguay, the Russian Federation, the United States of America and Uruguay.

SCCR24: today, all but India agreed on a single text to move the broadcasting treaty forward

July 24, 2012 afternoon plenary: the broadcasting treaty text moved forward. All but India supported the Chair's text as the basis of future works. In their own words:

EGYPT: Thank you, Chair. The African Group ...
The African Group would support that the Chair's nonpaper be adopted as the Committee's working document, to guide our future deliberations on broadcasting. It's our further recommendation that this Committee makes a clear recommendation to the General Assembly on our plan towards hosting a Diplomatic Conference on broadcasting in 2014.

US position at WIPO on "the Nature of the Instrument" for copyright exceptions for disabilities

At WIPO SCCR 24, the negotiations on the text of an "instrument" on copyright exceptions for persons with disabilities appear to be going well. For the past year, the delegates have been close on the substantive issues, focusing on a handful of important nuances in the ways that beneficiaries of the agreement are defined, the types of works and rights covered, wording on safeguards, provisions for developing countries, and other technical issues such as the relationship to the Berne and TRIPS three step test.

A treaty for visually impaired persons is long overdue but the US has still not agreed on the "nature" of the text!

Like many readers, I am now an official fan of Zach Carter. Mr. Carter just wrote a timely and intelligent article regarding the SCCR24 and the treaty for the blind and visually impaired persons:"Obama Administration Blocks International Treaty To Benefit The Blind"

The Blind people want a treaty:

Latest text on the definition of authorized entity: Proposals for revised text for document SCCR/23/7

On Monday, 23 July 2012 the International Bureau of the World Intellectual Property Organization (WIPO) has released the latest text on an instrument for copyright exceptions and limitations for disabilities entitled "Proposals for revised text for document SCCR/23/7". This document is the result of both formal discussions in the plenary of the WIPO Standing Committee on Copyright and Related Rights (SCCR) held on Friday, 20 July 2012 and informal negotiations held on Saturday afternoon on 21 July 2012. Once this text is available electronically, KEI will publish the full text online.

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