On Monday, December 10, 2012, Knowledge Ecology International (KEI) filed an amicus brief in a case before the Supreme Court of the United States involving application of the patent exhaustion doctrine to self-replicating technology. KEI filed in support of the petitioner, urging the Supreme Court to find that the patent exhaustion doctrine does in fact apply to self-replicating technology and that the patent holder's rights in the present case were exhausted with the sale of the first-generation of the technology, in this case a seed.
The United States proposal for the TPPA includes many demands that will increase intellectual property rights for rightholders. The leaked text reveals that the United States seeks to introduce numerous measures that go well beyond the requirements of the World Trade Organization (WTO) Agreement on Trade Related Aspects of Intellectual Property (TRIPS), known as TRIPS-plus provisions. Some of the areas of concern include the provisions on intellectual property enforcement.
In a press release, Johnson and Johnson "announced their intention not to enforce the patents they own and control on the antiretroviral (ARV) drug darunavir provided the darunavir product is medically acceptable and is used only in resource-limited settings," which J&J defines as the 48 UN defined Least Developed Countries plus any other country in sub-Saharan Africa. This is the KEI statement on the J&J darunavir announcement.
On Tuesday, 27 November 2012, KEI filed an amicus brief to the Supreme Court of the United States in the case Ninestar Technology Co., et. al. v. International Trade Commission, et. al., supporting the Petitioners' petition for writ of certiorari (essentially asking the Supreme Court to agree to hear the case). This case involves the application of the patent exhaustion doctrine (also known as the first sale doctrine), specifically whether the United States applies a system of international exhaustion of rights or national exhaustion of rights.
Apparently David Kappos will be leaving the USPTO sometime early next year. Today there is much commentary from patent community giving him high marks, and I'm willing to believe there are high marks to give. But he also had some big shortcomings. Here are a few:
At WHO deliberations (26 November 2012 to 28 November 2012) on charting a path forward following the recommendations of the Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG), Bolivia, Colombia and Thailand reiterated their political commitment supporting a binding R&D treaty.
SCCR concludes work on treaty for blind text, dates for more negotiations, GA likely to schedule diplomatic conference in 2013Submitted by James Love on 23. November 2012 - 9:28
The SCCR has seems to have finished its work on the text for a possible treaty on copyright exceptions for persons who are blind or have other disabilities, and earlier than expected. The new text distributed to delegates is 25 pages long (attached below), and includes several articles with no brackets. There are many differences to be resolved. The question is, will WIPO proceed with a diplomatic conference in 2013?
Update: (revised version here)
Yesterday they finished work on the definition of a work. Audiovisual works and related rights are out, ebooks and audio books are in.
ARTICLE A - DEFINITIONS
For the purposes of these provisions
Attached below is the November 21, 2012 version of the "REVISED WORKING DOCUMENT ON AN INTERNATIONAL INSTRUMENT ON LIMITATIONS AND EXCEPTIONS FOR VISUALLY IMPAIRED PERSONS/PERSONS WITH PRINT DISABILITIES."
We are interested in hearing from people on any part of the text (mailto:email@example.com).
Note that on page 9 that the brackets have been removed on the definition of "authorized entity."
US intervention at WIPO Committee on Development and Intellectual Property: Patent related flexibilitiesSubmitted by thiru on 21. November 2012 - 14:04
This was the first intervention delivered by the United States of America during last week's discussion at the 10th session of World Intellectual Property Organization's Committee on Development and Intellectual Property on the item of patent related flexibilities.
US intervention #1 on CDIP/10/11
• The United States would like to express its appreciation to the Secretariat for its preparation of the document CDIP/10/11. We have several comments on the patent-related flexibilities proposed to be studied at CDIP.
During the WIPO negotiations on disabilities, the White House has told U.S. Blind groups it will kill a WIPO treaty on copyright exceptions for persons who are blind or have other disabilities if the treaty covers audiovisual works, including those used in education, including distance teaching programs.
I just read from these talking points at WIPO SCCR 25, where the topic under discuss is a proposed treaty for persons who are blind or have other disabilities. (See http://keionline.org/r2r).
1. KEI is disappointed that deaf people are left out.
2. KEI is disappointed that there is a proposal to eliminate the article on contracts. We agree with the Library Copyright Alliance that contracts are now being used to undermine exceptions. The treaty should have provisions to make it clear that governments may override exception killing contracts.