James Love's blog
These were comments KEI provided to the Medicines Patent Pool (MPP), for its consultation on expanding the mandate to include drugs to treat the hepatitis C virus.
Date: August 28, 2015
Re: Comments by James Love on behalf of KEI for the consultation regarding the MPP mandate to expand into HCV (and other diseases).
KEI has submitted joint comments with UAEM in this consultation. Here on behalf of KEI I make a few additional points.
Five groups, the Authors Alliance, Creative Commons, the Electronic Frontier Foundation (EFF), Knowledge Ecology International (KEI) and New Media Rights have written to Ambassador Froman at USTR, asking that the TPP not adopt measures that would prevent the Congress from enacting legislation to limit the remedies for copyright infringement that were proposed by the Register of Copyrights in June 2015, to expand access to orphan copyrighted works.
A copy of the letter is available here:
On Wednesday, July 22, 2015, the Senate Veterans Committee held a mark-up to consider several bills. During the mark-up, Senator Sanders offered an amendment, attached below, that would create a compulsory license mechanism in the Department of Veterans Affairs, for patents on medical inventions. (See amendment text below). The motivation for the amendment was a crisis in the VA involving access to drugs for the hepatitis C virus (HCV).
On the topic of the TPP and copyright, KEI has sent a letter to Maria Pallante, the Register of Copyrights, Shira Perlmutter, Chief Policy Officer and Director for International Affairs for USPTO, and Nancy Weiss, Senior Advisor to the Chief Technology Officer, Office of Science and Technology Policy (OSTP), Executive Office of the President.
KEI asked these agencies to address certain issues in the TPP intellectual property chapter that relate to access to copyright issues, with a focus on orphan works, and uses by governments.
Attached below is a letter KEI sent to Emily Bleimund, Senior Policy Advisor for International Trade for the Department of Health and Human Services (HHS), and several other U.S. trade officials. The letter addresses three issues in the TPP text:
- There is a need for exceptions to exclusive rights in pharmaceutical and biologic drug test data.
- WTO standards for compulsory licenses should not be modified as part of a secret negotiation, or constrained by a 3-step test.
The SCCR failed to adopt these recommendations. The dipcom in 2017 recommendations in Item 6 was too strong, and the exceptions recommendations for items 7 and 8 were too weak.
Also Attached as pdf
Proposed Recommendations SCCR/30
Proposed Recommendation Agenda Item 6:
Attached is the document the chair distributed as the summary of the week long SCCR 30 meeting.
This was presented in the morning in the debate on education copyright exceptions.
Thank you, Mr. Chair.
KEI would like to comment on the proposals submitted by the African Group in relation to limitation on remedies for infringement contained in paragraph 22 on page 18 of the document. SCCR/26/4 PROV. DATE: APRIL 15, 2013
titled “Access to Educational Materials: Limitation on remedies for infringement.”
This was the KEI intervention at SCCR 30 on the topic of preservation exceptions for libraries and archives.
Preservation is obviously important for everyone, and archiving in general is both a local benefit and to some degree, a global public good.
We want works preserved, and copyright and trade negotiators to sort out the issues regarding access, which will often be context specific.
Every country's copyright laws should have as a minimum an exception for preservation.
This is the document being discussed Thursday at #sccr30
Thanks to John E. Miller for the OCR version.
This is the prepared statement that Iran read on Wed, which was widely praised by access to known advocates.
Iran’s Statement on the limitations and exceptions
1 July 2015
The right to science, knowledge and culture is recognized in various basic human rights instruments, such as the International Covenant on Economic, Social and Cultural Rights.
This is from the statement India read today at SCCR 30, on the topic of the broadcast treaty.
India is flexible in supporting the issue of unauthorized live transmission of signal over computer networks provided the broadcasting organization has rights over the content broadcast by it. India alternative proposals submitted at 26th session of SCCR are in complete conformity with the mandate of the 2007 WIPO General Assembly.