September 2011: Spotlight on India at the WTO Trade Policy Review

On 14 September 2011 and 16 September 2011, the World Trade Organization (WTO) undertook a trade policy review of India. All members of the WTO are subject to review under the Trade Policy Review Mechanism (TPRM). The TPRM takes place in the “Trade Policy Review Body which is actually the WTO General Council — comprising the WTO’s full membership — operating under special rules and procedures” (Source: WTO, Trade Policy Reviews: Brief Introduction). Continue Reading

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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WTO disputes- Intellectual property dimensions of the Boeing case (WT/DS353)

“Roma locuta causa finita est” (Rome has spoken, therefore the case has been decided) was the maxim employed by medieval jurists to describe the absolute irrevocability of papal judgements in canon law. Today, in modern international trade law, the World Trade Organization’s (WTO) Appellate Body fulfills a similar function as the international trading system’s “Supreme Court”. In the words of the WTO,

[t]he Appellate Body was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). Continue Reading

In Poland, an Ambassador (and former George W Bush roommate) demolishes PhRMA’s 2009 Special 301 filing (Wikileaks cables)

From KEI staff review of Wikileaks cables (/wikileaks)

This cable signed by US Ambassador to Poland Victor H. Ashe provides a through and very tough critique of PhRMA’s submission to the 2009 Special 301 list. Ashe rejects every one of PhRMA’s main points, and explains why continually putting Poland on the Special 301 list is counter productive.

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2011: Judge rejects USTR claim that negotiating position in FTAA investment chapter is exempt from FOIA

In a somewhat unexpected and encouraging ruling, on April 12, 2011, the District Court for the District of Columbia rejected USTR claims that the release of certain documents relating to a trade negotiations can be shielded from the FOIA.

The case involves a FOIA dispute between the Center for International Environmental Law (CIEL) and the the United States Trade Representative’s (USTR) over documents revealing the US negotiating position on the Investment Chapter in the proposed Free Trade Agreement of the Americas (FTAA).

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