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.
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.
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
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.
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.
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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:
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:
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. Continue Reading
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:
. . .
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