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?:

Business hires of former government employees as lobbyists

In Washington, DC there is a large and growing influence industry. One element of this industry is the thousands of people who register as lobbyists with the Congress. Because of the way disclosure rules are written, this is only a fraction of the persons who are actually employed to influence the Congress or the Executive Branch.

USTR hearing on Mexico joining the TPP

In August, KEI provided comments to USTR regarding the entry of Mexico and Canada into the TPP negotiations. (http://www.keionline.org/node/1542). Today is the public hearing. Right now there are about 35 people in the audience, and a panel of 9 persons from various agencies hearing the testimonies. There are only 10 witnesses in today's hearing, and only three, KEI, PhRMA and IIPA, are speaking on IPR issues.

KEI notes from PAHO Regional Comittee on CEWG Report (20 September 2012)

In April 2012, the WHO released the Report of the Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG). One of its primary recommendations called upon member states to began formal negotiations on a binding global convention on R&D.

More on the Blue Coat web filters

Yesterday I wrote about the USPTO blocking KEI and many other NGOs, blogs and news organizations from their public wifi service. The USPTO says this practice has been discontinued, as of last evening (more here: http://keionline.org/node/1548) but I found the issue interesting enough to follow up a bit. What I have found is more troubling than the initial case described yesterday.

USPTO blocks web access to "Political/Activist Groups" including KEI, ACLU, EFF, Public Citizen, Redstate, DailyKos

Update: At 5 pm the USPTO called and said that the public access wifi network was using a filter, provided by a contractor, to block "political activist" sites. This filter was not used by the network providing Internet access for the USPTO staff. After our meeting, the USPTO reviewed its policies, and has removed the filter. USPTO says the filter was implemented by a contractor, and no one we talked to at USPTO was aware of who was being blocked. In any event, the filter has been removed.

Intellectual Property Appellate Board (Chennai) dismisses Bayer's request for a stay on compulsory license for sorafenib

On 12 March 2012 the Controller General of Patents,Designs & Trademarks of India issued an order granting a compulsory license under Section 84 of the Patents Act (1970) to Natco in patent number 215758 granted to Bayer covering the anti-drug sorafenib toslyate. KEI filed an affidavit in this compulsory licensing dispute involving Natco and Bayer. Following the issuance of a compulsory license, Bayer requested the Intellectual Property Appellate Board (IPAB) to issue a stay on the compulsory license.

KEI Comments for French consultation on CEWG

Attached is a PDF of KEI's 31 August 2012 written submission to the French Ministry of Foreign Affairs' national consultation on financing and coordination of research and development for the health needs of developing countries.

Test data protection for medical inventions

Test data protection is a sui generis intellectual property right that was first developed in the 1980s for pharmaceutical drugs, and has been extended recently to biologic drugs and vaccines.

Members of Congress and Governors backing PhRMA/BIO, calling for 12 years data protection for biologic drugs in TPP

While the GOP and Democratic conventions highlight the differences between the parties, there are some bipartisan issues, and one of the biggest is taking care of corporate interests.

Data on Chinese patent applications and grants suggests growing gap between political rhetoric and current realities

The GOP platform mentions China 15 times, including these passages:

Our serious trade disputes, especially China’s failure to enforce international standards for the protection of intellectual property and copyrights, as well as its manipulation of its currency, call for a firm response from a new Republican Administration. . .

KEI Comments to Federal Register Notice on Mexico, Canada Joining TPPA

USTR will host two public hearings regarding the Trans-Pacific Partnership Agreement (TPPA). The first, to be held on Friday, 21 September 2012, will cover Mexico's participation in the TPPA. The second hearing will be held on Monday, 24 September 2012, and will address Canada's participation in the TPPA.

September 2011: Spotlight on India at the WTO Trade Policy Review

On 14 September 2011 and 16 September 2011, the World Trade Organization (WTO) undertook a trade policy review of India. All members of the WTO are subject to review under the Trade Policy Review Mechanism (TPRM). The TPRM takes place in the "Trade Policy Review Body which is actually the WTO General Council — comprising the WTO’s full membership — operating under special rules and procedures" (Source: WTO, Trade Policy Reviews: Brief Introduction).

Birch Bayh's competing interests and evolving views

The 1980 Bayh-Dole Act is named after two former US Senators, Birch Bayh and Bob Dole. In 2002 both claimed the Bayh-Dole Act march-in provisions were not intended to address cases where prices for inventions are unreasonable, and Senator Bayh repeated this view during a 2004 march-in case involving Abbott patents on ritonavir.

Among the provisions of the Act that suggest otherwise are the following:

Federal Circuit decision again results in three-way split in reasoning in AMP v. USPTO; 2-1 ruling upholds DNA patents

On Thursday, 16 August 2012, the Court of Appeals for the Federal Circuit issued its opinion in the case Association for Molecular Pathology v. US Patent and Trademark Office, again rejecting the plaintiffs' contentions that isolated DNA is not eligible for patent protection. This case surrounds the patent eligibility of isolated DNA, particularly the BRCA1 and BRCA2 genes known to be associated with an individual's susceptibility to breast and ovarian cancer.

Geneva Fall/Winter 2012: What's in store at the WHO, WIPO and WTO

As Geneva awakes from its summer slumber post-Jeûne genevois (6 September 2012), the following conferences and negotiations are expected to shape the knowledge governance landscape in the second semester of 2012 at WHO, WIPO and WTO.

World Health Organization

Here are upcoming meetings of the WHO in 2012 of relevance to public heath, innovation and access.

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