Blogs

23 November 2015: Opening statement of Asia and the Pacific Group at Tenth Session of WIPO Advisory Committee on Enforcement

The tenth session of the World Intellectual Property Organization's (WIPO) Advisory Committee on Enforcement (ACE) meets from Monday, 23 November 2015 to Wednesday, 25 November 2015.

As noted by WIPO, the

Advisory Committee on Enforcement (ACE) was established by the 2002 WIPO General Assemblies with a mandate to carry out technical assistance and coordination in the field of enforcement (norm-setting is explicitly excluded from the mandate).

US ITC notice for public comment, Jan 13, 2016 hearing, and Commission report on the TransPacific Partnership Agreement (TPP)

Here is the US International Trade Commission (USITC) notice for the public hearing, public comments and Commission report on the Trans-Pacific Partnership Agreement (TPP). The deadlines and other requirements for participation may be strictly enforced. Note the ITC anticipates transmitting its report to the President and the Congress on May 18, 2016.

http://www.usitc.gov/secretary/fed_reg_notices/332/tpa_105_001_notice11172015sgl.pdf

My testimony this morning at the US ITC hearing on "Economic Impact of Trade Agreements"

Attached is a PDF file with my testimony this morning for the United States International Trade Commission (USITC) hearing on
"Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedure”, 2016 Report. Inv. No.: 332­555 November 17, 2015

Manon Ress also provided testimony at this hearing, for the Union for Affordable Cancer Treatment (UACT). A copy of her testimony is available here.

Seminars on Drug Pricing: Part 5 Kevin Outterson, Antibiotic Delinkage

UPDATED:
Here is a link to the recording of the seminar. Please see Professor Outterson's slideshow for more detail and explanation.


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Tentative witness list for USITC hearing on Economic Impact of Trade Agreements

This is the tentative witness list for the November 17, 2015 United States International Trade Commission (USITC) hearing on "Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedure, 2016 Report. Inv. No.: 332-555"

The August 4, 2015 USITC notice about the hearing is here.

Dr. Margaret Chan: TPP may "close access to affordable medicines"

World Health Organization (WHO) Director-General Dr. Margaret Chan addressed civil society and policy-oriented “think tanks” on November 12, 2015, and “challenge[d]” them to “help with issues that keep me awake at night.” Specifically, she mentioned the problems with pharmaceutical patents, high drug prices as a barrier to access, and the current system of incentives for new drug innovation. Dr. Chan also raised concerns about the the TPP, which she said may raise drug prices and harm access to generics.

US Chamber of Commerce lauds USPTO for securing a time-bound LDC waiver for pharmaceutical products

Nestled at the end Intellectual Property Watch's (IP-Watch) brilliant reportage of a US Chamber of Commerce event - "Has the Sun Set on Multilateral Rulemaking on IP?” - is a quote by Patrick Kilbride (Executive Director, U.S. Chamber of Commerce's Global IP Center) praising the efforts of the US Patent and Trademark Office (USPTO) in WTO negotiations on the LDC waiver for pharmaceutical products.

IP-Watch reported,

Joint NGO Statement on TRIPS Council Decision On Extension of the Transition Period Concerning Pharmaceutical Products

JOINT NGO STATEMENT
TRIPS Council Decision On Extension of the Transition Period Concerning Pharmaceutical Products

(PDF copy available here)

Today (6th November), the WTO-TRIPS Council adopted a decision granting Least Developed Countries (LDCs) an exemption from patents and test data protection for pharmaceutical products for a duration of 17 years.

TPP has provision banning requirements to transfer of or access to source code of software

Updated. The TPP E-Commerce chapter has a provision banning requirements to transfer or provide access to software source code. This applies to "mass market software."

Article 14.17: Source Code
1. No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory.

Some parts of the TPP that deal with drug, medical device prices, reimbrusements

The whole TPP text.

CHAPTER 8, TECHNICAL BARRIERS TO TRADE.

ANNEX 8-C: PHARMACEUTICALS

7bis. Each Party shall make its determination on whether to grant marketing authorisation for a specific pharmaceutical product on the basis of:

TPP on registration of drugs, bans requirements to disclose or consider certain financial or pricing data.

This is from one of the 26 chapters that was never leaked before.

CHAPTER 8 TECHNICAL BARRIERS TO TRADE, ANNEX 8-C: PHARMACEUTICALS, Annex 8-E: Medical Devices (Page 25)

ANNEX 8-C: PHARMACEUTICALS

7bis. Each Party shall make its determination on whether to grant marketing authorisation for a specific pharmaceutical product on the basis of:

Western or Fairy Tales? Global Copyright Policies & Info Soc VII Seminary, Curitiba Brazil

Here is my presentation at the VII Seminary Internacional Sobre Sociedade Da Informacao E Propriedade intelectual organized by Professor Marcos Wachowicz, Universidade Do Parana and Professor Jose Augusto Fontoura Costa, Universidade De Sao Paulo. Participants --all experts in copyrights-- were from Spain, Portugal and Brazil and the discussions were lively and informative. Great copyright event in Curitiba, Brazil.

Despite assurances to contrary, intellectual property covered asset for TPP ISDS mechanism

The negotiators have finally released, for the first time, TPP text, which is on the web here.

Despite assurances from the contrary by Australia and USTR, intellectual property is a covered asset subject to Investor State Dispute Settlement (ISDS):

Article 9.1: Definitions

For the purposes of this Chapter:
. . .

Seminars on Drug Pricing: Part 4, Bhaven Sampat

UPDATED:
Here is a link to the recording of the seminar. Please see Bhaven's slideshow for more detail and explanation.


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