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WIPO General Assembly 2015: Opening statement of Brazil on behalf of the Group of Latin and the Caribbean Group (GRULAC)

On Monday, 5 October 2015, Brazil delivered the following opening statement on behalf of the Group of Latin and the Caribbean Group (GRULAC) at the World Intellectual Property Organization's (WIPO) General Assembly.

Statement Delivered by the Delegation of Brazil on behalf of GRULAC

"Mr President,

1. I have the honor to deliver this statement on behalf of the Latin American and the Caribbean Group (GRULAC).

Joint NGO letter to USTR and USPTO: What is the US Position on LDC Pharmaceutical Extension of TRIPS Transition Period?

On Friday, 11 September 2015 five public interest groups (Health GAP, Knowledge Ecology International, Médecins Sans Frontières, Oxfam America and Public Citizen) sent a letter to Ambassador Michael Froman (United States Trade Representative) and Michelle Lee, (Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office) requesting that the Obama administration disclose its position on the LDC request for an extension of their pharmaceutical production transition period under the WTO TRIPS Agreement.

European Commission supports indefinite exemption for LDCs from WTO IP rules for pharmaceuticals

In a closely watched announcement, the European Commission issued a press release on Thursday, 10 September 2015 supporting the indefinite exemption for least developing country Members of the World Trade Organization (WTO) from TRIPS obligations on pharmaceutical products. These TRIPS obligations include pharmaceutical patents, pharmaceutical test data protection, exclusive marketing rights and the mailbox provisions.

The LDC Group, in their February 2015 submission to the WTO TRIPS Council, requested the following:

17 WTO Members (Brazil, China, India, Russia) submit draft Ministerial Decision on Non-Violation and Situation Complaints

On 24 July 2015, 17 Members of the World Trade Organization (WTO) tabled a draft Ministerial decision (published by the WTO secretariat on 29 July 2015) on "Non-violation and situation complaints" for "consideration at the 10th Ministerial Conference of the WTO" (Source: IP/C/W/607). The 10th Ministerial Conference of the WTO will take place in Nairobi from 15 December 2015 to 18 December 2015.

WTO Trade Policy Review of India- EU, Japan, Switzerland and the US question India over Section 3(d) and Compulsory Licensing

June 2015 - WTO Trade Policy Review of India: Section 3(d) and Compulsory Licensing under the Spotlight

Consensus achieved at WIPO Standing Committee on the Law of Patents (SCP) on Future Work Program

After two days of intense negotiations over the future work program of WIPO's Standing Committee on the Law of Patents (SCP), the committee achieved consensus at around 3:40 PM Geneva time on Friday, 31 July 2015.

The future work of WIPO's main normative committee dealing with patents now has a pathway on the following work streams:

WIPO SCP22: Language on GRULAC proposal to revise 1979 WIPO Model Law for Developing Countries on Inventions

On 30 July 2015 at 8:30 PM Geneva time, the Chair (Bucura Ionescu, Romania) of WIPO's 22nd Standing Committee on the Law of Patents (SCP) distributed the following non-paper related to the proposal by the Group of Latin American and Caribbean Countries (GRULAC) to revise the 1979 WIPO Model Law for Developing Countries on Inventions. If this language is tabled, WIPO's normative committee on patents will continue discussions on the GRULAC proposal.

INFORMAL NON-PAPER

SCP/22: PROPOSAL BY THE CHAIR
July 30, 2015
20.30

WIPO SCP22: Informal Non-Paper by Chair on Future Work (30 July 2015, 20:30 version)

On 30 July 2015 at 8:30 PM Geneva time, the Chair (Bucura Ionescu, Romania) of WIPO's 22nd Standing Committee on the Law of Patents (SCP) distributed the following non-paper as a pathway for future work addressing 1) Exceptions and Limitations to Patent Rights, 2) Quality of Patents, Including Opposition Systems, 3) Patents and Health, 4) Confidentiality of Communications between clients and their patent advisors and 5) Transfer of technology. The SCP is WIPO"s main normative committee dealing with patents.

WIPO SCP 22: Written Statement of Knowledge Ecology International on Patents and Health

28 July 2015
WIPO Standing Committee on the Law of Patents (SCP)
Written Statement of Knowledge Ecology International on Patents and Health

As the Trans-Pacific Partnership (TPP) is currently reported to be in the final stages of negotiation, it is both appropriate and urgent that this Committee is addressing the topic of patents and health.

SCP22: Australian response to GRULAC proposal to revise 1979 WIPO Model Law for Developing Countries on Inventions

On 29 July 2015, Australia provided the following response to the proposal by the Group of Latin American and Caribbean Countries (GRULAC) to revise the 1979 WIPO Model Law for Developing Countries on Inventions.

Australian Delegation Proposal

The Secretariat prepare a study on:

1) experiences of how developing countries and least developed countries (LDCs) have implemented the patent model law; or

2) to determine the unmet need for a patent model law.

WIPO SCP22: KEI statement on GRULAC proposal (SCP/22/5)

Knowledge Ecology International (KEI) delivered the following intervention on 29 July 2015 during WIPO discussions on the proposal by the Group of Latin American and Caribbean Countries (GRULAC) to revise the 1979 WIPO Model Law for Developing Countries on Inventions.

KEI statement on GRULAC proposal (SCP/22/5)
WIPO Standing Committee on the Law of Patents (SCP)
29 July 2015

Proposal: Engage Member States in the Revision of the 1979 WIPO Model Law for Developing Countries on Inventions

SCP22: India’s Intervention on inventive step (SCP/22/3)

TeamIndiaSCP22.jpg

India delivered this lengthy, nuanced intervention on inventive step on 28 July 2015 citing the US Supreme Court observations on a person skilled in the art (PSIA), the KSR Int'l Co. v. Teleflex, Inc. decision on obviousness as applied to patent claims, the IPAB Roche decision (in relation to inventive step) and jurisprudence from the House of Lords on inventive step.

India’s Intervention on a study on inventive step (SCP/22/3) at SCP/22

SCP22: Opening statement of the Group of Latin American and Caribbean Countries

On Monday afternoon, 27 July 2015, Brazil on behalf of the Group of Latin American and Caribbean Countries (GRULAC) delivered the following opening statement which,inter alia, called for a

WIPO Standing Committee on the Law of Patents: What's on the agenda?

The World Intellectual Property Organization's (WIPO) Twenty-Second session of the Standing Committee on the Law of Patents (SCP) is taking place from 27 July 2015 to 31 July 2015 in Geneva, Switzerland. The prior session of the Committee (November 2014) ended in deadlock. Ultimately, patents and health proved to be the deciding factor.

EU Trade Commissioner Backs LDC Request for TRIPS Exemption for Pharmaceuticals Until Graduation from LDC Status

In a comprehensive, 2000 word speech to the European Parliament's International Trade Committee (INTA) on Modernising Trade Policy - Effectiveness and Responsibility, European Trade Commissioner, Cecilia Malmström, cast a wide net in her speech covering in her words, 1) the "benefits of trade for all: our economy in general, consumers, entrepreneurs, SMEs and the poorest countries", 2) "trade policy's commitment to our values in the world, supporting our foreign policy, promoting the respect of human rights, soci

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