- TRIPS Council (October 2014): India calls for de-linkage and innovation inducement prizes at WTO discussions on IP & innovation
- Twenty groups write Congress, no fast track without public access to trade agreement negotiating texts
- KEI, KEI Europe, and Essential Inventions ask five companies for licenses to HCV patents
- HRC28: Statement of the European Union- Cultural Rights (Response to SR Report on Copyright and Right to Science and Culture)
- HRC28: Statement of the United States of America - Cultural Rights (Response to SR Report on Copyright and Right to Culture)
- HRC28: Statement by Farida Shaheed, Special Rapporteur, on Copyright policy and the right to science and culture
- WTO at 20: Symposium on the TRIPS Agreement for TRIPS Council Members and Observers (26 February 2015)
- St Jude's influenza patents, with US government rights
- CDC FOIA regarding intellectual property on avian flu intellectual property rights
- KEI Special 301 supplemental comments: Compulsory Licensing not restricted to "Emergencies" or "Measure of Last Resort"
The January 2010 Guadalajara, Mexico, meeting on ACTA included an agenda item on transparency. I asked USTR if they could provide TACD with a briefing on transparency and other issues in the negotiation. The one hour briefing was held today. I can report nothing of what the USTR said at the meeting, other than they insisted it be off the record. TACD has asked for an on the record meeting, but that apparently will have to wait until after the New Zealand meetings are held the week of April 12.
Senators Barrasso, Bingam and Enzi have proposed a prize fund for "competitive technology financial awards for carbon dioxide capture from media in which the concentration of carbon dioxide is dilute." This bill is is now being proposed as an amendment to an energy bill that might see some action this year. A few things to highlight.
- First, the prize requires that:
"an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States."
Just in case anyone does not appreciate how difficult it will be to change the USTR direction on ACTA, note that today the USTR proudly put this letter on the USTR Blog:
(Maybe best to first skip down to see who signed it).
March 22, 2010
The Honorable Barack Obama
President of the United States
The White House
1600 Pennsylvania Avenue, NW
Washington, D.C. 20500
Why would blind people get less than the Olympic Committee? Choosing between Convention, Recommendation and DeclarationSubmitted by Manon Ress on 22. March 2010 - 17:24
When I first heard David Mann representing the World Blind Union at the information session of November 2003 SCCR, call for the "creation of international agreements which would allow the unhindered transfer of accessible material created in one country to blind and partially sighted people in another country", I did not know that this issue had been the subject of a WIPO/UNESCO report in 1983, which had then proposed Model Provisions Concer
On March 5, 2010, KEI published documents received from a FOIA request, about a collaboration between the USPTO and Pfizer to hold workshops in India. On March 11, the USPTO responded with a statement of regret concerning the collaboration, which it termed a mistake.
The Business Standard of India has written an article about the USPTO/Pfizer collaboration here:
KEI has access to a recent draft of ACTA. Chapter One, Section B of the agreement provides for "General Definitions." It is interesting that the term "counterfeits" does not have a general definition. The ten defined terms include:
- intellectual property (See below)
- Council (ACTA Oversight Council)
- person (natural or juridical)
- right owner (includes federation or assicaitons that have legal standing or authoirty to assert rights)
WIPO Open-ended Consultations on Copyright Limitations and Exceptions for Persons with Print DisabilitiesSubmitted by thiru on 22. March 2010 - 8:09
On April 23, 2010 and May 27-28, 2010, WIPO will hold open-ended consultations on copyright limitations and exceptions for persons with print disabilities and on the protection of audiovisual performances as mandated by the conclusions of the 19th session of the WIPO Standing Committee on Copyright and Related Rights (SCCR).
The 8th round of the Anti Counterfeiting Trade Agreement (ACTA) negotiations is scheduled to take place in Wellington, New Zealand from April 12-16, 2010. The March 3 draft agenda obtained by KEI provides details of the program, venue and logistics, and also notes that:
New Zealand intends to hold a function for stakeholders and delegates on the evening of Tuesday 13 April from 18.00, which will be an opportunity for stakeholders to meet and interact with ACTA negotiators.
KEI has access to
yet undisclosed sections of the negotiating ACTA text. The text is organized in 6 chapters. The longest is Chapter 2 on "legal framework for enforcement of intellectual property rights." The second longest is Chapter 5, on "Institutional Arrangements." In ten pages of text, the ACTA negotiators have set out a plan to create a new institution to administer, implement and modify ACTA.
(Updated March 17, 2010, 12pm).
KEI has learned that the European Union has proposed language in the ACTA negotiations to require criminal penalties for "inciting, aiding and abetting" certain offenses, including "at least in cases of willful trademark counterfeiting and copyright or related rights piracy on a commercial scale."
The EU proposal is reported on a recent (but still secret) version of the Anti-Counterfeiting Trade Agreement Consolidated Text, and reads as follows:
Below are asks from the 2010 PhRMA submission to the USTR Special 301 list on the topic of drug pricing and reimbursement decisions, and described as 'Market Access Barriers.' In its assertions, PhRMA attack countries for government price negotiations, making use of reference pricing, the insufficient involvement of pharmaceutical companies in setting government pricing policies and the composition of drug formularies, among other things.
See update at the end. ----------
- March 10, 2010. In the Guardian: Ari Emanuel, the co-chief executive of William Morris Endeavor, the biggest Hollywood talent agency, was among several executives attending a meeting in Abu Dhabi, calling for governments to get tough on illegal downloading.
Emanuel, the brother of US presidential adviser Rahm, said the industry was talking to the US government in a bid to introduce a "three strikes and you're out" law to govern illegal downloading.
633 to 13, EU Parliament votes to make ACTA public, and more sensitive to civil liberties and consumer protectionSubmitted by James Love on 10. March 2010 - 12:53
In a stunning 633 to 13 vote, the EU Parliament voted for a resolution on ACTA that addresses a wide range of criticisms that civil society groups have made of the process and substance.
The KEI statement on the EU vote follows:
On July 28, 2006, Jeffrey Kindler replaced Hank McKinnell as CEO of Pfizer. That day the Pfizer stock price closed at $26.11. With the stock trading today at a little more than $17, it would seem that shareholders have lost a significant amount of their investment. Nonetheless, Kindler is doing well.