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Statement of the United States to WTO TRIPS Council on the Paragraph 6 System

The following statement was delivered by USTR at the WTO Council for TRIPS Annual Review of the Paragraph 6 System on Wednesday, 27 October 2010.

Statement of the United States
Agenda item F, Annual Review of the Paragraph 6 System
Topic 5

Mr. Chairman

We are pleased to be here today to participate in the annual review on the implementation of paragraph 6 of the Doha Declaration.

Senator Sanders Letter to FDA: U.S. needs an ethical pathway for biological products

On November 2, 2010, U.S. Senator Bernard Sanders (VT-I) sent a letter to Margaret Hamburg, the FDA Commissioner, urging the agency to review the ethical implications of the 12 years of marketing exclusivity created by the Biologics Price Competition and Innovation Act of 2009 (BPCI Act).

Remarks by UNAIDS Secretariat and on behalf of UNDP: Capacity building on the Paragraph 6 System and related TRIPS flexibilities

The following statement was delivered on Wednesday, 27 October 2010 by the UNAIDS Secretariat and on behalf of UNDP during the Annual Review of Paragraph 6.

World Trade Organization
Council for TRIPS – Regular Session
Annual Review of Paragraph 6
Doha Declaration on the TRIPS Agreement and Public Health
Agenda item 4 – Capacity building on the Paragraph 6 System and related TRIPS flexibilities
Remarks by UNAIDS Secretariat and on behalf of UNDP
27 October 2010


Mr Chair, Distinguished Delegates

Paragraph 6 system: Brazilian intervention at the WTO TRIPS Council

On Wednesday, 27 October 2010, Brazil delivered the following intervention during the annual review of the Paragraph 6 system at the WTO TRIPS Council. The Brazilian intervention followed Canada's detailed explanation of her use of the Paragraph 6 system in the Apotex/Rwanda case. The Brazilian intervention voiced concern over the future prospects of access to competitively priced second and third line ARVs raising questions as to whether the Paragraph 6 system would be economically viable for generic producers.

ACTA: Intervention of China to the WTO TRIPS Council

The following is extracted from China's intervention made at the WTO TRIPS Council meeting held from 26-27 October 2010; this reflects China's position on ACTA.

On ACTA

Canada's Intervention to TRIPS Council: Experience using the System (Apotex-Rwanda Case)

On Wednesday, 27 October 2010, Canada delivered the three interventions to the WTO TRIPS Council related to the review of the Paragraph 6 system. The first intervention below details the Canadian experience using the Paragraph 6 system in the case of Apotex and Rwanda.

CANADA Intervention: (1) Experience using the System (Apotex-Rwanda Case)

As we recall, the 2003 WTO Decision on TRIPS and Public Health was an intensely negotiated decision that garnered unanimous support from all WTO Members.

Brazilian intervention at TRIPS Council: ACTA

The following statement was delivered by Brazil at this week's TRIPS Council.

TRIPS Enforcement Trends/ACTA – TRIPS Council – Intervention by Brazil

According to press releases circulated in the first week of this month, the negotiating process of ACTA is virtually concluded.

A few points only would still remain open and those points would not prevent a final agreement from being reached soon, according to statements released by authorities from the countries participating in the ACTA negotiations.

Extracts of India's Intervention to the WTO TRIPS Council: ACTA

On Wednesday, 27 October 2010, the WTO TRIPS Council held its annual review of the Paragraph 6 System. IP-Watch has a link to the detailed program of the annual review. This annual review of the Paragraph 6 system lasted till around 8 PM Geneva time. More details of this closed door meeting will be provided in due course.

USTR positions in China WTO TRIPS dispute at odds with talking points on ACTA flexibility

Use of Article 1.1 of the TRIPS in the US/China WTO dispute over the enforcement of intellectual property rights

USTR claims that Article 1.2.1 of ACTA provides the flexibility to overlook inconsistencies between US law and ACTA. Below is the text from both Article 1.2.1 of ACTA, and Article 1.1 of TRIPS:

ACTA ARTICLE 1.2: NATURE AND SCOPE OF OBLIGATIONS

Michèle Rivasi asks question about ACTA and Access to Medicine

225px-michel-rivasi.jpg Michèle Rivasi, a Member of the European Parliament, representing South East France for The Greens, has asked the European Commission: "Given the possible impacts of the inclusion of patents the agreement on access to medicines and on innovation, would the Commission consider accepting the exclusion of patents from the agreement as proposed by a number of ACTA negotiating parties?" The full text of her question follows:

Françoise Castex, French Socialist MEP, asks about USTR assertions that ACTA does not require changes in US law

francoisecastex2.jpg As David Hammerstein of TACD has also blogged about here, Françoise Castex, a French Socialist MEP, has submitted this priority question about ACTA to the European Commission, asking the Commission to respond to the assertions by the USTR that ACTA wo

KEI Letter to the European Parliament regarding ACTA, October 25, 2010

(A PDF version of this is available here.)

Knowledge Ecology International

October 25, 2010

Letter to the European Parliament regarding ACTA

KEI's ACTA timeline

ACTA Timeline

2007

  • September 24 to October 3, 2007, WIPO General Assembly meets and approves the WIPO Development Agenda.
  • October 23, 2007. Joint announcement is made regarding the formal launch of negotiations on ACTA. The USTR announcement is here.

2008

USTR's implausible claim that ACTA Article 1.2 is an all purpose loophole, and the ramifications if true

The October 2010 version of the ACTA text is inconsistent with several areas of U.S. law, and proposals for new laws in the areas of the reform of patent damages and access to orphaned copyrighted works. In particular, the obligations in the ACTA text do not incorporate many of the areas of limitations and exceptions to remedies found in U.S. law, and in the statutes of some other countries.

WIPO releases program for 'Global Meeting on Emerging Copyright Licensing Modalities'

In advance of the 21st session of the WIPO Standing Committee on Copyright and Related Rights (SCCR 21), WIPO is holding a Global Meeting on Emerging Copyright Licensing Modalities on 4-5 November 2010 in Geneva which endeavors to facilitate 'Access to Culture in the Digital Age'. The program for this Global Meeting can be found here: http://www.wipo.int/meetings/en/2010/wipo_cr_lic_ge_10/program.html.

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