James Love's blog

DG-Enterprise - data exclusivity prevents access to life saving drugs (in the EU), even in an emergency situation

On February 20, 2006, Martin Terberger, the Head of Unit for Pharmaceuticals in the European Commission Directorate-General for Enterprise and Industry, wrote to Greg Perry of the European Generic medicines Association (EGA). The letter was a follow-up to an inquiry from the EGA regarding "the question of data exclusivity under the European pharmaceutical legislation," in cases where a government overrode the exclusive rights of a patent and granted a compulsory license, and/or in a case of a medical emergency.

KEI comment on SCCR 24

The final conclusions of SCCR 24 are available here.

I'm going to spend some time adding to this, but to have something out quick, here are few thoughts.

1. Disabilities.

The Good: sets the stage for diplomatic conference in 2013, which is now highly likely.
The Bad: Lots of brackets in the text, and EU bent on making the agreement unworkable, and the US and EU hold off on the "nature of the instrument" is a treaty discussion.

Final conclusions from SCCR 24

These are the final conclusions from SCCR 24, as approved early Thursday morning.

World Intellectual Property Organization (WIPO)
Standing Committee on Copyright and Related Rights (SCCR)
Twenty–fourth Session
Geneva, July 25, 2012

Draft conclusions


SCCR/24/9 Prov. The revised "instrument" for copyright exceptions for disabilties

Attached below is the new text of the "instrument" for copyright exceptions for disabilties.
SCCR/24/9 Prov.
DATE: July 25, 2012

Standing Committee on Copyright and Related Rights

Twenty?fourth Session
Geneva, July 16 to 25, 2012

REVISED Working Document on an International Instrument on Limitations and Exceptions For Visually Impaired Persons/Persons with Print Disabilities

prepared by the Secretariat

Kicking the can down the road? Draft conclusions for SCCR 24, from 10:45 PM, July 24, 2012

Below are the draft conclusions, from the evening informal negotiations session on future work. The document say the version is current as of 10:45 PM, Geneva time.

July 24 SCCR 24 informals on blind treaty produce a text, but EU and US block real movement on treaty

This evening's informal negotiations at the SCCR 24 on the disabilities issue are over, and delegates are coming out now, with a variety of different stories. Some new document will be tabled Wednesday morning. It will have some important differences, unlike a fairly clean text that was tabled a year ago as SCCR/22/15 REV.1, which was endorsed by Argentina, Australia, Brazil, Chile, Colombia, Ecuador, the European Union and its Member States, Mexico, Norway, Paraguay, the Russian Federation, the United States of America and Uruguay.

US position at WIPO on "the Nature of the Instrument" for copyright exceptions for disabilities

At WIPO SCCR 24, the negotiations on the text of an "instrument" on copyright exceptions for persons with disabilities appear to be going well. For the past year, the delegates have been close on the substantive issues, focusing on a handful of important nuances in the ways that beneficiaries of the agreement are defined, the types of works and rights covered, wording on safeguards, provisions for developing countries, and other technical issues such as the relationship to the Berne and TRIPS three step test.

Video Interviews and Press Coverage from SCCR 24

The following interviews were recorded during the 24th meeting of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights (SCCR). Most of the interviews are focused on the negotiations on a new WIPO treaty for persons who are blind or have other disabilities. The time of the videos varies from 16 seconds to more than 18 minutes. They are organized by the type of stakeholder, and the date of the interviews. This page will be updated during the meeting as I add more videos.

US July 18, 2012 Intervention at WIPO SCCR 24 on Broadcasters’ Rights

Below is the statement that Shira Perlmutter of USPTO delivered for the US government on July 18, 2012, at the WIPO SCCR 24 meeting in Geneva. As noted in the statement, the United States is calling for a "single text." The nature of the instrument is "a treaty." The U.S. wants the treaty to cover the "signal" without a set term (some earlier proposals had called for 20 to 50 years of protection). The treaty would protect "traditional" broadcasters, defined as over the air, satellite and cable broadcasting.

Leahy on patent trolls, licensing on reasonable terms

In a May 9, 2012 hearing in the Senate Judiciary Committee on oversight of the intellectual property enforcement coordinator, Senator Leahy asked Victoria Espinel about patent trolls, and failures to license patents on reasonable terms to achieve interoperability where standards are important. Leahy asked Victoria Espinel to work with USDOJ's antitrust officials to deal with abuses by patent holders in both cases.

KEI Files Brief in Kirtsaeng v John Wiley & Sons (copyright first sale doctrine case)

Today, July 9, 2012, Knowledge Ecology International (KEI) filed an amicus brief in the Supreme Court of the United States in support of neither party in the case Kirtsaeng v. John Wiley & Sons.

Krista Cox, day of filing brief in Kirtsaeng case

European Parliament votes 478 to 39 to reject ACTA


The vote to reject a delay of the final ACTA vote was 420 Vs 255, followed by the rejection of ACTA by a vote of 478 to 39.

KEI Director James Love statement:

Joint Statement of Civil Society Groups on U.S. TPP Copyright Proposal

The below is a joint statement from EFF, Knowledge Ecology International, Public Knowledge, and Public Citizen.

Joint Statement of Civil Society Groups on U.S. TPP Copyright Proposal

USPTO "clarifies" June 27, 2012 testimony on biologics exclusivity and India compulsory license

Deputy USPTO Director Teresa Stanek Rea has issued a retraction of her statement regarding Administration support for 12 years of exclusive rights in test data for biologic drugs, and moderated somewhat her statement on the India compulsory license for Nexavar. USTR also issued a statement on the issue of biologic test data in response to Rea's earlier comments.

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