Of possible interest

Recent blogs about the World Intellectual Property Organization (WIPO) meetings are available at http://keionline.org/wipo.

The UN 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?:

Pharma company registered lobbying expenditures for USA

According to OpenSecrets.Org, the pharmaceutical manufacturing sector has reported $115,571,832 in lobbying for 2011, a number that will grow considerably when all quarterly reports are filed. The top lobbying outlays were reported by PhRMA, the trade association, followed by Pfizer, Amgen, Merck, Lilly, Novartis, Bayer and GSK. The top generic company was Teva, which ranked 12th overall. As reported by OpenSecrets, some firms are listed more than once, for lobbying outlays by different subsidiaries.

WHO CEWG to pave the way for binding global convention on biomedical R&D

On Friday, 18 November 2011, the WHO Consultative Expert Working Group on research and development: financing and coordination (CEWG) held an open briefing on the results of its work thus far. This meeting was attended by delegates from Bangladesh, Brazil, the European Union, Germany, the Holy See, the Netherlands, Nigeria, Tanzania, United States in addition to representatives from the Global Fund, South Centre, WHO, WIPO, UNITAID, Berne Declaration, HAI, KEI, IFPMA, MPP, MSF and TWN.

Accessible formats for people with visual disabilities: a human right requiring a binding legal instrument

Next week, the WIPO Standing Committee on Copyright and Related Rights (SCCR 23) will meet beginning on 21 November and continue through 2 December 2011. One issue that will be discussed is a possible treaty for copyright limitations and exceptions for persons who are visually impaired or have other disabilities. A treaty is necessary to provide minimum standards for limitations and exceptions to permit the creation of accessible format works and also to facilitate cross-border sharing of these works.

How the US government subsidized Ron Perelman's smallpox drug: ST-246 (Tecovirimat)

On November 13, 2011, the Los Angeles Times published a story by David Willman on a no-bid contract with the Department of Health and Human Services (DHHS) to supply the government with a drug for smallpox. The LA Times story begins with this:

Over the last year, the Obama administration has aggressively pushed a $433-million plan to buy an experimental smallpox drug, despite uncertainty over whether it is needed or will work.

WHO Consultative Expert Working Group on R&D Financing holds open briefing on 18 November 2011 @ 5 PM in Salle C, WHO

In May 2010, the World Health Organization (WHO) passed resolution WHA63.23 which established the Consultative Expert Working Group on research and development: financing and coordination (CEWG) to further "examine current financing and coordination of research and development, as well as proposals for new and innovative sources of funding to stimulate research and development related to Type II and Type III diseases and the specific research and development needs of developing countries in relation to Type I diseases, and open to consideration of proposals from Member States".

Special 301 on steroids? Section 205 of HR 3261, the Stop Online Piracy Act (SOPA) is not just about the Internet

On October 26, 2011, a bipartisan group of members of the U.S. House of Representatives introduced HR 3261, the Stop Online Piracy Act, known as SOPA. While much of the bill deals with "online" piracy," some sections of the bill appear to have nothing to do with the Internet. The bill also creates a new bureaucracy to deal with very broadly defined trade related intellectual property rights issues, including those identified in the annual USTR Special 301 report.

Brazil's intervention at Special Session of the Executive Board on WHO Reform

The following is the intervention delivered by Brazil on 1 November 2011 at the Special Session of the Executive Board on WHO Reform.


Genebra, 1º de novembro de 2011

Mr. Chairman,

WTO TRIPS Council: Ecuador questions the European Union on Italian compulsory licenses

On 25 October 2011, the WTO TRIPS Council held its annual review of the Paragraph 6 System under Item G. Under the sub-heading of alternatives to the Paragraph 6 system, Ecuador asked the European Union (EU) about the issuance of three compulsory licenses in Italy between 2005 to 2007. In its intervention, Ecuador asked the EU for more detail regarding the Italian Competition Authority's issuance of compulsory licenses for export to Spain and other EU members in cases involving Glaxo and Merck including, but not limited to, administrative procedures, decision-making processes, and rationale.

KEI notes from the Ninth Round of TPPA negotiations

The ninth round of negotiations for the Trans-Pacific Partnership Agreement (TPPA) took place in Lima, Peru from 19-28 October 2011. Stakeholders were given the opportunity to present at the stakeholder platform on 23 October, attend the stakeholder briefing on 25 October and the reception on 25 October.

Intellectual Property

WTO TRIPS Council: US intervention on ACTA

This is the intervention that the United States made on ACTA on 25 October 2011 during the WTO TRIPS Council discussions of "Enforcement of Intellectual Property Rights".


The United States thanks Japan for its opening remarks, with which we fully associate ourselves.

We appreciate this opportunity to share with colleagues from other WTO Members our views on the importance of enforcement and to provide some additional information on the ACTA.

WTO TRIPS Council: Intervention of the United States on implementation of Paragrah 6 of Doha Declaration


We welcome the opportunity to participate in the annual review on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health.

WTO TRIPS Council: Canada's intervention on Access to Medicines in context of Paragraph 6 and Bill C-393

October 24-25, 2011
Canada’s Intervention for Agenda Item G (Access to Medicines)

Mr. Chairman, Canada welcomes this opportunity to discuss the implementation of the Paragraph 6 system and to share some thoughts on the issue of access to medicines.

WTO TRIPS Council: Canada's defence of ACTA in discussions of "Trends in Enforcement"

On Tuesday, 25 October 2011, Canada made the following intervention at the WTO TRIPS Council on ACTA under agenda item O, "Trends in Enforcement".

In relation to the WTO Doha Declaration on the TRIPS Agreement and Public Health, Canada asserted the following,

ACTA is also consistent with the TRIPS Agreement and the Declaration on TRIPS and Public Health and will not hinder the cross-border transit of legitimate generic medicines.
October 24-25, 2011

US Copyright Office 17 priorities

Register of Copyrights Maria A. Pallante has made public the "priorities and special projects" of the US Copyright Office from October 2011 to October 2013. The ambitious work plan sets 17 priorities in the areas of copyright policy and administrative practices, and 10 special projects "to improve the quality and efficiency of the U.S. Copyright Office’s services."

The 16 page document is available here
Comments should be sent to registerofcopyrights@copyright.gov

Here's a quick outline:

3 Studies

WTO TRIPS Council: India raises concerns on ACTA and TPPA on discussion of "Trends in the Enforcement of IPRs"

On 25 October 2011, India delivered the following intervention at the WTO TRIPS Council raising concerns on ACTA and the TPPA during discussions of "Trends in the Enforcement of Intellectual Property Rights". On ACTA, India voiced concerns on the scope of ACTA's civil enforcement measures, border measures potential role in the seizure of generic medicines, third party liability, damages and also raised systemic issues such as how WTO MFN obligations would affect WTO members who are not ACTA parties,

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