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Leak of TPP text on copyright Limitations and Exceptions

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Dmitry Medvedev’s Nov 2011 message to the G20 leaders on call for new copyright treaty

In 2011, Russia made a very important proposal to the G20 regarding the need for new global norms on copyright. Just a few parts of the message illustrate its ambition.

  • to expand the opportunities of right holders to manage and exercise the rights to the results of intellectual activities on the Internet;
  • to amend the way of obtaining a right holder’s consent
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TPP IP text would restore right to sue surgeons and other medical professionals for patent infringement. Why?

Kista Cox on a provision in the TPP trade negotiation that would restore right to sue surgeons and other medical professionals for patent infringement. The US law (35 USC 287(c)) was changed after lawsuits were filed against surgeons performing certain procedures in eye surgery. USTR and USPTO have been asked to protect this exception in the TPP Intellectual Property Chapter, but have not done so.

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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.

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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.

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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.
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SCCR/24/9 Prov.
ORIGINAL: English
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
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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.

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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. Continue Reading

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