Of possible interest

KEI requests that DHHS Inspector General investigate failure to disclose federal funding in Spinraza patents.

KEI objects to the U.S. Army grant of an exclusive license to Sanofi on U.S. Army-owned patents on a Zika Virus vaccine.

Research and testimony on transparency legislation.

Request to the NIH and U.S. Army to use government royalty free or march-in rights on the prostate cancer drug Xtandi.

Proposal for a WTO Agreement on the Supply of Public Goods.

Innovation inducement prizes 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?:

More notes on the India EU FTA (BTIA)

Earlier KEI published sections of the the EU India Negotiating FTA/BTIA negotiating text dealing with enforcement, along with some commentary on Article 17-31: http://keionline.org/node/1681.

On March 28, 2013, KEI obtained another document with Article 1-5,7-8,10-33 of the negotiating next. The new text is available at http://keionline.org/node/1691

Krista Cox will be providing her impressions here: http://keionline.org/node/1693

Here are KEI's quick reactions to the text.

Among the provisions in the TRIPS which protect consumers are Article 7, 8 and 40.

Negotiating Text, EU/India FTA (BTIA)

This is a copy of the negotiating text for the India-EU Broad-based Trade and Investment Agreement (BTIA), also referred to as the India/EU FTA. It does not include Article 6, which I assume concerns patents, or have any text for Article 9 on Geographical Indications. The text includes country positions. We are not certain of the date of this text. KEI has some commentary at http://keionline.org/node/1692

Consolidated draft India-EU FTA (BTIA)

IPR chapter

Art. 1 – Definition [Agreed]

KEI comments to House Trade Subcommittee on U.S.-India Trade Relations

Knowledge Ecology International (KEI) comments
U.S. House of Representatives, Committee on Ways and Means, Subcommittee on Trade, March 13, 2013 Hearing on U.S.-India Trade Relations

Name: James Love
Organization: Knowledge Ecology International
Address: 1621 Connecticut Avenue NW, Suite 500, Washington, DC 20009
Phone Number: 1.202.332.2670
Contact E-mail Address: James.Love@KEIonline.Org
Title of Hearing: U.S.-India Trade Relations


India pressured by U.S. Congressional committee, Pfizer, over drug patents

On March 13, 2013, the U.S. House of Representative held a hearing on U.S.-India Trade Relations. Among the several topics under discussion were "the issuance of compulsory licenses, patent revocations, and other policies on pharmaceuticals" in India.

SCOTUS Oral Arguments in FTC v. Actavis; Court to Decide Legality of Pay-For-Delay (Reverse Payment) Settlement Agreements

On Monday, 25 March 2013, the Supreme Court of the United States heard oral arguments in the case, Federal Trade Commission v. Actavis, Inc., et. al. This case had previously been captioned as Federal Trade Commission v. Watson Pharmaceuticals, et. al., but was recaptioned after the combination of Actavis and Watson. KEI filed an amicus brief in support of the FTC which is available here (along with additional background to the case).

KEI notes on the 16th Round of Trans-Pacific Partnership Agreement (TPPA) Negotiations in Singapore

The 16th round of negotiations for the Trans-Pacific Partnership Agreement (TPPA) took place at the Grand Copthorne Waterfront Hotel in Singapore in early March.

March 27, 2013 meeting on IP Chapter of the proposed U.S.-European Union Transatlantic Trade and Investment Partnership

TACD meeting on IP Chapter for TTIP

On March 27, from noon to 3 pm, the IP Policy Committee of TACD will hold a meeting on the intellectual property chapter of the proposed U.S.-European Union Transatlantic Trade and Investment Partnership (TTIP).

The meeting will be held at KEI's offices at 1621 Connecticut Avenue NW, Suite 500, Washington, DC 20009

Analysis of Kirtsaeng v. John Wiley & Sons (Parallel Importation Case); Supreme Court Applies International Exhaustion

Today, 19 March 2013, the Supreme Court released its opinion in Kirtsaeng v. John Wiley & Sons, a case involving the parallel importation of copyrighted works. The case involved the petitioner, Kirtsaeng, purchasing textbooks in Thailand then reselling them in the United States. The Second Circuit held in this case that the first sale doctrine did not apply to foreign made goods, applying national exhaustion principles.

Notes from the March 18, 2013 NIH Call on the ritonavir March-In Request

On Monday, March 18, 2013, the National Institutes of Health (NIH), held a conference call with the four NGOs that filed an October 25, 2012 march-in request for the patents held by Abbott Laboratories/AbbVie relevant to the manufacture and sale of ritonavir, a federally funded invention that is much more expensive in the United States than in Canada, Europe or other high-income countries, and is only available as a co-formulated product with AbbVie's version of lopinavir.

EU-India FTA: EU pushes for IP Enforcement - IP chapter draft text under negotiation (2013)

Informed sources have provided KEI the following draft text of the IP chapter under negotiation between the European Union and India in current free trade agreement talks. KEI will provide analysis of these provisions in due course.

Pending U.S. Court Cases on Intellectual Property and Their Relation to the Trans-Pacific Partnership Agreement (TPPA)

**Updated 19 March 2013, after the Supreme Court released its opinion in Kirtsaeng ruling to permit parallel importation of copyrighted works**

5 March 2013-WTO TRIPS Council-Intervention of Brazil on LDC request for an extension to the transition period

On Tuesday, 5 March 2013, Brazil delivered the following statement at the WTO TRIPS Council in favor of the LDC Group's request for an extension to the transition period. The draft decision, if adopted as outlined in proposal (IP/C/W/583), would permit an LDC member not to apply the provisions of the TRIPS Agreement, other than Articles 3, 4 and 5, until they ceased to be an LDC.

Here is Brazilian intervention in full.

5 March 2013-WTO TRIPS Council-Intervention of EU on LDC request for an extension to the transition period

On 5 March 2013, the European Union delivered the following statement during WTO TRIPS Council discussions on the LDC group’s request for an extension of the transitional period for TRIPS implementation.

5 March 2013-Intervention of Nepal (LDC Group) at WTO Council for TRIPS: Request for an Extension of the Transitional Period

On Tuesday, 5 March 2013, the Ambassador of Nepal made the following intervention at the World Trade Organization's Council for TRIPS, on behalf of the LDC Group on agenda item 11, Request for an Extension of the Transitional Period under Article 66.1 of the TRIPS Agreement.

WTO Council for TRIPS Meeting, March 5-6, 2013
Agenda item 11 – Request for an Extension of the Transitional Period under Article 66.1 of the TRIPS Agreement

Presentation of Request (IP/C/W/583) by Nepal on Behalf of LDCs Group

Mr. Chairman,

Why are trade negotiations so secret?

There is nothing at stake that would concern the general public
2% (5 votes)
Always useful to have special access to dole out to industry friends
12% (29 votes)
Democracy and transparency make it impossible to conclude deals
13% (30 votes)
No one can remember how this secrecy tradition got started, but there must be a reason
5% (13 votes)
Governments and industry lobbies have contempt for the public, and prefer unaccountable secret negotiations
68% (163 votes)
Total votes: 240
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