In 2007 the General Assembly of the World Intellectual Property Organization (WIPO) buried the broadcast treaty in cold storage when it decided (WO/GA/34/16) that the convening of a Diplomatic Conference for the Protection of Broadcasting Organizations could only take place "after agreement on objectives, specific scope and object of protection has been achieved." Commenting on the broadcast treaty and the break down in negotiations, KEI noted in 2007:
This week the WIPO Standing Committee is holding a meeting to consider a possible treaty for broadcasting organizations. KEI thought this treaty negotiation had been blocked by fundamental differences over the purposes and scope of the treaty in 2007, but in the past few years the US Copyright office asked to put the issue back on the SCCR agenda, and subsequently Francis Gurry and Ambassador Trevor Clarke from the WIPO Secretariat have pushed to reach a conclusion, and more recently South Africa, Mexico, Japan and some other countries are now quite active, in favor of a new treaty.
In the final phase of negotiations leading towards the Marrakesh Diplomatic Conference to conclude a Treaty for the Blind, Visually Impaired and other Reading Disabled Persons (17 June 2013 to 28 June 2013), it is important to take stock of where things stand in respect of the current negotiations.
In a bid to generate sympathy for its defeat in the Supreme Court of India over efforts to evergreen patent protection for the cancer drug imatinib (trade names Gleevec or Glivec) in developing countries, Novartis has been making increasingly spectacular claims as regards its investments in the development of the drug.
In the final stretch towards the Marrakesh Diplomatic Conference to conclude a Treaty for the Blind, Visually Impaired and other Reading Disabled Persons (17 June 2013 to 28 June 2013), it is perhaps important to take note of one important area of divergence, namely, the language contained in Article F of the Draft Text of an International Instrument/Treaty on Limitations and Exceptions for Visually Impaired Persons/Persons with Print Disabilities (SCCR/25/2 REV) w
There is so much that one could say about today's decision, it is hard to know where to start.
On 28 March 2013, the EU-India FTA (BTiA) negotiating text was made available here. Below are some of my quick impressions on some portions of the negotiating text.
Earlier KEI published sections of the the EU India Negotiating FTA/BTIA negotiating text dealing with enforcement, along with some commentary on Article 17-31: http://keionline.org/node/1681.
On March 28, 2013, KEI obtained another document with Article 1-5,7-8,10-33 of the negotiating next. The new text is available at http://keionline.org/node/1691
Krista Cox will be providing her impressions here: http://keionline.org/node/1693
Here are KEI's quick reactions to the text.
Among the provisions in the TRIPS which protect consumers are Article 7, 8 and 40.
This is a copy of the negotiating text for the India-EU Broad-based Trade and Investment Agreement (BTIA), also referred to as the India/EU FTA. It does not include Article 6, which I assume concerns patents, or have any text for Article 9 on Geographical Indications. The text includes country positions. We are not certain of the date of this text. KEI has some commentary at http://keionline.org/node/1692
Consolidated draft India-EU FTA (BTIA)
Art. 1 – Definition [Agreed]
Knowledge Ecology International (KEI) comments
U.S. House of Representatives, Committee on Ways and Means, Subcommittee on Trade, March 13, 2013 Hearing on U.S.-India Trade Relations
Name: James Love
Organization: Knowledge Ecology International
Address: 1621 Connecticut Avenue NW, Suite 500, Washington, DC 20009
Phone Number: 1.202.332.2670
Contact E-mail Address: James.Love@KEIonline.Org
Title of Hearing: U.S.-India Trade Relations
On March 13, 2013, the U.S. House of Representative held a hearing on U.S.-India Trade Relations. Among the several topics under discussion were "the issuance of compulsory licenses, patent revocations, and other policies on pharmaceuticals" in India.
SCOTUS Oral Arguments in FTC v. Actavis; Court to Decide Legality of Pay-For-Delay (Reverse Payment) Settlement AgreementsSubmitted by Krista Cox on 25. March 2013 - 11:30
On Monday, 25 March 2013, the Supreme Court of the United States heard oral arguments in the case, Federal Trade Commission v. Actavis, Inc., et. al. This case had previously been captioned as Federal Trade Commission v. Watson Pharmaceuticals, et. al., but was recaptioned after the combination of Actavis and Watson. KEI filed an amicus brief in support of the FTC which is available here (along with additional background to the case).
The 16th round of negotiations for the Trans-Pacific Partnership Agreement (TPPA) took place at the Grand Copthorne Waterfront Hotel in Singapore in early March.
March 27, 2013 meeting on IP Chapter of the proposed U.S.-European Union Transatlantic Trade and Investment PartnershipSubmitted by Manon Ress on 20. March 2013 - 0:37
TACD meeting on IP Chapter for TTIP
On March 27, from noon to 3 pm, the IP Policy Committee of TACD will hold a meeting on the intellectual property chapter of the proposed U.S.-European Union Transatlantic Trade and Investment Partnership (TTIP).
The meeting will be held at KEI's offices at 1621 Connecticut Avenue NW, Suite 500, Washington, DC 20009
Analysis of Kirtsaeng v. John Wiley & Sons (Parallel Importation Case); Supreme Court Applies International ExhaustionSubmitted by Krista Cox on 19. March 2013 - 9:49
Today, 19 March 2013, the Supreme Court released its opinion in Kirtsaeng v. John Wiley & Sons, a case involving the parallel importation of copyrighted works. The case involved the petitioner, Kirtsaeng, purchasing textbooks in Thailand then reselling them in the United States. The Second Circuit held in this case that the first sale doctrine did not apply to foreign made goods, applying national exhaustion principles.