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?:

WTO TRIPS Council (November 2012): Intervention of the United States on the review of the Paragraph 6 system

On 6 November 2012, the United States delivered the following intervention under agenda item F, "Review under Paragraph 8 of the Decision on the Implementation of Paragraph 8 of the Doha Declaration on the TRIPS Agreement and Public Health".


• Thank you, Mr. Chairman, and the Secretariat, for the report on the status of notifications of acceptance of the 2005 Protocol Amending the TRIPS Agreement.

WTO TRIPS Council (November 2012): Intervention of the United States on Intellectual Property and Innovation

On 7 November 2012, the United States of America delivered the following intervention under agenda item M, "Intellectual Property and Innovation".


• Thank you, Mr. Chair.

• The United States is pleased to join with Brazil in sponsoring this item on the agenda.

Exclusivity data from the US FDA Orange Book

The US Food and Drug Administration (FDA) publishes the "Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations" in both an annual paper bound edition and web-based searchable database (available here). As part of a larger effort to expand access to government data, the FDA provides monthly updates of the underlying data here.

How did markets respond to Romney's temporary surge in polling data?

How did the market respond to Romney's temporary surge in polling data? And which sectors of the economy expect to do better if Romney is elected? For the companies included in a survey, the share prices for all large banks and large health insurance and managed care providers rose when Romney's poll numbers unexpectedly surged, while prices for the companies in the telecommunications and technology sectors declined.

Update: WTO Trade Policy Review of Israel covers new developments on fair use, data exclusivity and parallel importation

UPDATE: On 3 December 2012, the secretariat of the World Trade Organization (WTO) released the minutes of Israel's Trade Policy Review (WT/TPR/M/272) held on 30 October 2012 and 1 November 2012. According to the chair, Eduardo Munoz Gomez (Colombia), innovation was one of the salient points identified in the TPR noting that:

How common is Federal Funding of patented inventions?

Frequency of disclosure of federal funding in patents, 2000 to 2011

Following our filing of a march-in petition with the NIH, seeking a rule that government funded inventions be no more expensive in the United States than in other high income countries, I was asked about the extent of federal funding of patented inventions.

2013 deadline looms for LDC members of the World Trade Organization

On 29 November 2005 the World Trade Organization's (WTO) Council for TRIPS (TRIPS Council) extended the transition period accorded to least developed country (LDC) members of the WTO to implement their obligations under the TRIPS Agreement from 1 January 2006 to 1 July 2013.

Supreme Court Hears Oral Arguments in First Sale Doctrine Case (Kirtsaeng v. John Wiley & Sons)

On Monday, 29 October 2012, the Supreme Court of the United States heard oral arguments in the first-sale doctrine case, Kirtsaeng v. John Wiley & Sons. This case involved the petitioner, Kirtsaeng, purchasing lawfully made copies of the books from Thailand and reselling these books in the United States. John Wiley & Sons asserted, and the Second Circuit agreed, that the first sale doctrine applies only to copies manufactured in the United States and does not apply to foreign made goods.

2012 October. Four NGOs ask NIH to grant open licenses to ritonavir patents under Bayh-Dole March-in provisions

On October 25, 2012, the American Medical Students Association (AMSA), Knowledge Ecology International (KEI), U.S.

October 19 WIPO negotiations on copyright exceptions for disabilities

After three days, the WIPO intersessional negotiations on copyright exceptions for persons with disabilities adjourned. On July 26, 2012, the SCCR negotiating text (SCCR 24/9) was 26 pages long, with 4051 words, and included 56 brackets, and 20 alternatives. The Final document on Friday (copy here) evening was 26 pages, with 47 brackets, and 22 alternatives.

WIPO negotiations on copyright exceptions for disabilities, October 18, 2012

The October 18 version of the text is available, here. From the October 17 version, the number of brackets as gone from 65 to 61. The number of alternatives has increased from 24 to 26. Both numbers are higher than the July 26 version of the text, which had 56 brackets and 23 alternatives.


Three-Step test in copyright negotiations

In recent and current negotiations over copyright norms, the U.S., the European Union and some other high income countries have asked for provisions in the agreement that limit copyright limitations and exceptions to some type of "three-step-test."

WTO TRIPS Council (November 2012): Brazil and United States table agenda item on Intellectual Property and Innovation

The following WTO airgram WTO/AIR/4020 (12 October 2012) contains the agenda for the upcoming WTO Council for TRIPS meeting to be held in Geneva from Tuesday, 6 November 2012 to Wednesday, 7 November 2012. The airgram notes that Brazil and the United States have made a written request for an agenda item on "Intellectual Property and Innovation (agenda item M). Agenda item F covers the "Review under Paragraph 8 of the Decision on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health".

Here below is the WTO airgram in full.

WIPO GA 2012 calls upon the SCT to expedite work on a Design Law Treaty

After lengthy informal negotiations on 7 October 2012, the plenary of the WIPO General Assembly (GA) 2012 resumed after 18:00 to present the consensus language on the decision point concerning agenda item 28 (ii) on the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT). In particular, the GA agreed to expedite the work of the basic proposals for a Design Law Treaty. In 2013, the GA would "take stock of and consider the text, progress made, and decide on convening a diplomatic conference".

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