Knowledge Ecology International

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.

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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

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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

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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

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Attached is a letter from eleven of the 28 House Democrats that supported the Trade Promotion Authority (TPA) Fast Track legislation, on the topic of intellectual property rights and medicine. The letter, which is moderate and cautious in substance, but overall helpful given where negotiations stand, closes by telling Ambassador Froman that “As members who support trade done right, we strongly believe that TPP must not inhibit access to lifesaving medicines.”

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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.

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On the topic of the TPP and copyright, KEI has sent a letter to Maria Pallante, the Register of Copyrights, Shira Perlmutter, Chief Policy Officer and Director for International Affairs for USPTO, and Nancy Weiss, Senior Advisor to the Chief Technology Officer, Office of Science and Technology Policy (OSTP), Executive Office of the President.

KEI asked these agencies to address certain issues in the TPP intellectual property chapter that relate to access to copyright issues, with a focus on orphan works, and uses by governments.

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Attached are two documents from Mylan regarding their concerns about the TPP. The first is an April 13, 2015 10 page letter from Heather Bresch, the CEO of Mylan, to USTR head Michael Froman. (Copy here). The second is a table of inconsistencies between the TPP and US law (Copy here).

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