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?:

Wyden files legislative amendments to require transparency in TPPA and Congressional approval for ACTA

On March 20, 2012, Senator Wyden (D-OR) filed two amendments to H.R. 3606, a bill known in its short form as "Jumpstart Our Business Startups" or JOBS Act, related to the Anti-Counterfeiting Trade Agreement (ACTA) and the Trans-Pacific Partnership Agreement (TPPA).

Who is Sally Susman, and why does she want poor people to pay higher prices for medicines?

Sally Susman of Pfizer leads the most lethal lobbying effort on drug patents and prices. She's also a big Obama campaign fundraiser.

For several years, Pfizer has been considered a hardliner among big pharma companies on international negotiations over intellectual property rights and drug pricing. This has not changed despite the company having had three CEOs in the past five years.

WTO Dispute Settlement: Ukraine files dispute against Australia (13 March 2012) on Tobacco Plain Packaging Bill 2011

The following information is taken directly from the World Trade Organization's dispute settlement web page which reports that on 13 March 2012, Ukraine requested consultations with Australia under the WTO's dispute settlement system with respect to Australia's Tobacco Plain Packaging Bill 2011 which the WTO website noted imposes "trademark restrictions and other plain packaging requirements on tobacco products".

KEI Notes From the Eleventh Round of TPPA negotiations in Melbourne, Australia


The eleventh round of negotiations for the Trans-Pacific Partnership Agreement (TPPA) took place in Melbourne, Australia from 1-9 March 2012. Stakeholders were given the opportunity to present at the stakeholder platform on 4 March, attend a reception on 6 March and the stakeholder briefing on 7 March.

Steve Ricchetti's former clients, and Joe Biden

On March 12, 2012, Steve Ricchetti began his new job as a high level policy adviser to Vice President Biden. Steve Ricchetti is a former registered lobbyist, who de-listed as a registered lobbyist but remained the president of a lobbying firm until taking his new job in the White House.


KEI Statement on India's granting of compulsory license to patents on cancer drug sorafenib (NATCO Vs. BAYER)

The India Controller General Controller General of Patents, Designs & Trade Marks has just (March 12, 2012) issued an order granting a compulsory license to patents on the cancer drug sorafenib/Nexavar, in the matter of NATCO Vs. BAYER. A copy of the decision is attached below.

CCIA proposes alternative text for TPPA, but proposals do not address many problems in the text

The Computer & Communications Industry Association (CCIA) recently made proposals for what it considers to be necessary “to make the Internet work” in the Trans-Pacific Partnership Agreement. The proposals put forth either as additions or alternatives to some of what the US has tabled are, in general, a step in the right direction as they seek to improve copyright exceptions and limit liability.

ACTA: European Union's statement on IP Enforcement Trends at WTO Council for TRIPS (28 February 2012)

The global upsurge of popular opposition to the Anti-Counterfeiting Agreement (ACTA), particularly evident across Europe in the last month, has pushed the governments of Bulgaria, Cyprus, the Czech Republic, Estonia, Germany, Latvia, and the Netherlands, Poland to reconsider their ratification of the controversial treaty.

ACTA: US Intervention on IP Enforcement Trends at WTO Council for TRIPS (28 February 2012)

These are the interventions delivered by the United States of America on 28 February 2012 during WTO Council for TRIPS discussions on ACTA under "IP Enforcement Trends".


[U.S. First Intervention]

• We appreciate this opportunity to discuss enforcement of IP rights, and hopefully to dispel some misperceptions about IP enforcement in general and the ACTA in particular.

• Effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally.

KEI submission to WIPO patent committee commenting on the US proposal on patents and health

KEI submission to the WIPO Standing Committee on the Law of Patents (SCP) on Patents and Health

28 February 2012

28 February 2012: Intervention delivered by Ecuador @ WTO TRIPS Council raising concerns with ACTA

According to informed sources, the delegation of Ecuador delivered the following statement to the WTO Council for TRIPS on Tuesday, 28 February 2012 raising concerns that the damages section found under Article 9 of ACTA could potentially chill the flexibilities found under Article 44 of the TRIPS Agreement which sets out the WTO rules on injunctions.

28-29 DE FEBRERO DE 2012

Señor Presidente,

28 Feb 2012: Intervention delivered by India at WTO TRIPS Council on IP Enforcement Trends noting concerns with ACTA and TPPA

This intervention was delivered by India at today's WTO Council for TRIPS during discussions of agenda item "N" on IP Enforcement Trends. The statement raises India's concerns with plurilateral agreements like ACTA and TPPA and their potential impacts on public health, international exhaustion, border measures and digital goods and internet freedom.

IP Enforcement Trends
(TRIPS council Feb 28, 2012)

28 February 2012: WTO TRIPS Council discussions on Anti-Counterfeiting Trade Agreement (ACTA)

As reported previously, Australia, Canada, the European Union, Japan, Korea, Mexico, New Zealand, Singapore, Switzerland and the United States have requested the WTO TRIPS Council to hold a discussion on IP Enforcement Trends (ie, ACTA).

Agenda of TRIPS Council meeting (28-29 February 2012): Review of ACTA and Australia's tobacco plain packaging bill 2011

The following WTO airgram WTO/AIR/3892/REV.1 contains the agenda for the upcoming WTO Council for TRIPS meeting to be held in Geneva from Tuesday, 28 February 2012 to Wednesday, 29 February 2012. Paragraph 2 and agenda items D, E, F, J, M and N will be of interest to readers. It should be noted that in the original document, the text is capitalized.

The Dominican Republic made a written request to the WTO secretariat that an additional agenda item be added ("M) on "Australia: Tobacco Plain Packaging Bill 2011 and its compatibility with the TRIPS Agreement".

What's (still) wrong with ACTA, and why governments should reject the illegitimate agreement

This is a blog about the Anti-Counterfeiting Trade Agreement (ACTA). More information is available here: http://keionline.org/acta

ACTA is an attempt to bypass multilateral institutions

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