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KEI Comments on the August 30, 2013 version of the TPP IP Chapter
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NIH rejects March-In petition, also rejects proposed rules on pricing of and access to government funded inventionsSubmitted by James Love on 7. November 2013 - 9:42
In a decision dated November 1, 2013, and signed by NIH Director Francis Collins, the NIH has rejected the 2012 petition to the NIH to uses its powers under the Bayh-Dole Act to protect U.S. consumers from high prices and restrictive licensing of NIH funded inventions.
Trans-Atlantic Business Council's May 16, 2013 letter to Robert Hormats opposing Marrakesh treaty for the blindSubmitted by James Love on 28. October 2013 - 16:29
|The letter opposing the treaty for the blind was signed by TABC Director General Tim Bennett|
We just ran across this mean spirited letter by the Trans-Atlantic Business Council (TABC), a group that describes itself as follows:
The October 25, 2012 NIH March-In Request for ritonavir is now more than one year old, and the NIH has not decided to grant a hearing or reject the petition.
More information about the March-In request is available here:
(revised October 25, 2013)
The IPR chapter of the 1998 US/EU treaty on scientific and technological cooperation. Time for an update?Submitted by James Love on 11. October 2013 - 11:13
In 1998 a treaty on R&D went into force between the United States and the European Communities. The "Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America - Intellectual property" sets out a list of cooperative activities in Article 4, and provides an appendix addressing the intellectual property rights that come from those collaborations.
USPTO has confirmed that on October 2, 2013, the United States has signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The U.S. signing, which was not accompanied by a press release, took place on the last day of the WIPO General Assembly, and one day after the United States government began to shut down non-essential operations as a consequence of disputes over the Affordable Care Act.
Congress asked to hold hearings on NIH failure to address abuses of government financed medical inventionsSubmitted by James Love on 8. October 2013 - 8:24
We sent this letter to the Hill today.
October 8, 2013
Dear Senators Reid and McConnell, Representatives Boehner and Pelosi,
We are writing to ask that Congress hold a hearing on the failure of the NIH to exercise its authority to protect the public from abuses in federally funded inventions.
Since the passage of the BayhDole Act in 1980, the Department of Health and Human Services (DHHS) has never granted a petition to "march in" to permit third parties to use patents invented on federally funded research in response to abuses of the patent rights.
EPO and OHIM publish misleading report on intellectual property rights intensive industries in EU economySubmitted by James Love on 1. October 2013 - 2:27
In 2012 the US Patent and Trademark Office (USPTO) published a study titled "Intellectual Property and the U.S. Economy: Industries in Focus" which estimated the number of jobs if various "IP intensive" industries. The study was immediately panned by critics for its broad definitions -- grocery stores were the top "ip intensive industry" in the United States, but it became a source of go-to-statistics for every PhRMA and publisher lobby group pushing new privileges and subsidies. (Commentary here: http://keionline.org/node/1432)
Noting that the "decisive factors in productivity have shifted from land and capital to know-how, technology and skill," and the need for an intellectual property system that will "balance the private rights of inventors with the public needs of society" the Holy See gave the following opening statement at the 51th WIPO General Assembly.
Statement by H.E. Archbishop Silvano M. Tomasi, Permanent Representative of the Holy See to the United Nations and Other International Organizations in Geneva
51th Series of Meetings of the WIPO Assemblies
September 24, 2013
Delivered September 24, 2013, during NGO statements on agenda Item 5.
Thank you for the opportunity to speak today.
As regards the Marrakesh treaty, KEI offers its sincere and profound thanks to Secretary Francis Gurry, Ambassador Trevor Clarke, Michelle Woods and Geidy Lung and others members of the WIPO staff for their dedication to a successful conclusion to this difficult negotiation.
This was the Developement Agenda Group (DAG) statement from Monday at the WIPO Geneval Assembly.
Thank you Madam President.
First of all, I would like to congratulate you upon your election as Chair of the General Assembly of WIPO. Our group is confident that under your able stewardship we will achieve important results for developing countries, as well as for the intellectual property system.
On Saturday, August 3, 2013, USTR head Ambassador Michael B. G. Froman wrote to the Chairman of the U.S. International Trade Commission (ITC), to "disapprove the USITC's determination to issue an exclusion order and cease and desist order" for Apple Inc. "smart phones and tablet computers that infringe a U.S. patent owned by Samsung Electronics," in the ITC Investigation No. 337-TA-794.
In any given year, the U.S. Food and Drug Administration (FDA) grants marketing approval to new drugs. The most important category* are those classified as "new molecular entities" or NMEs. Chen Xingzhi has collected data on the 2010 NMEs included in the FDA Orange Book here: http://goo.gl/W78Tbk. Some of the data are summarized below:
- Among products listed in the FDA Orange Book in 2010, 15 were classified as NMEs.
- Among all of the NMEs, 43 patents were listed in the FDA Orange Book, covering 12 of the 15 products.
Knowledge Ecology International (KEI) is a non-profit organization that focuses on human rights and social dimensions of knowledge governance. Our web page (http://www.keionline.org) provides extensive background on our operations. We maintain offices in Washington, DC and in Geneva Switzerland, and are engaged in a number of initiatives, disputes and negotiations involving intellectual property rights, innovation, and other aspects of the production, management and governance of knowledge resources.