Joint NGO letter to USTR and USPTO: What is the US Position on LDC Pharmaceutical Extension of TRIPS Transition Period?

On Friday, 11 September 2015 five public interest groups (Health GAP, Knowledge Ecology International, Médecins Sans Frontières, Oxfam America and Public Citizen) sent a letter to Ambassador Michael Froman (United States Trade Representative) and Michelle Lee, (Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office) requesting that the Obama administration disclose its position on the LDC request for an extension of their pharmaceutical production transition period under the WTO TRIPS Agreement.

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USTR provides the names of the TPP Chapters (as of September 10, 2015)

On June 4, 2015, KEI asked USTR to provide the names of the TPP Chapters. The contents of the chapters are all officially secret, but we thought the names of the chapters should be public, and made a request for the chapter names under the Freedom of Information Act (FIOA). Today, more than 3 months later, USTR has responded to that FOIA. According to USTR, as of September 10, 2015, the names of the TPP Chapters are as follows:

  1. Intial Provisions and General Definitions
  2. Trade in Goods
  3. Textiles and Apparel
  4. Rules of Orgin
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European Commission supports indefinite exemption for LDCs from WTO IP rules for pharmaceuticals

In a closely watched announcement, the European Commission issued a press release on Thursday, 10 September 2015 supporting the indefinite exemption for least developing country Members of the World Trade Organization (WTO) from TRIPS obligations on pharmaceutical products. These TRIPS obligations include pharmaceutical patents, pharmaceutical test data protection, exclusive marketing rights and the mailbox provisions.

The LDC Group, in their February 2015 submission to the WTO TRIPS Council, requested the following:

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KEI comments on MPP consultation regarding mandate to expand into HCV (and other diseases).

These were comments KEI provided to the Medicines Patent Pool (MPP), for its consultation on expanding the mandate to include drugs to treat the hepatitis C virus.


To: consultation@medicinespatentpool.org.
Date: August 28, 2015
Re: Comments by James Love on behalf of KEI for the consultation regarding the MPP mandate to expand into HCV (and other diseases).

KEI has submitted joint comments with UAEM in this consultation. Here on behalf of KEI I make a few additional points.

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Five groups ask USTR to protect orphan works in TPP

Five groups, the Authors Alliance, Creative Commons, the Electronic Frontier Foundation (EFF), Knowledge Ecology International (KEI) and New Media Rights have written to Ambassador Froman at USTR, asking that the TPP not adopt measures that would prevent the Congress from enacting legislation to limit the remedies for copyright infringement that were proposed by the Register of Copyrights in June 2015, to expand access to orphan copyrighted works.

A copy of the letter is available here:

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17 WTO Members (Brazil, China, India, Russia) submit draft Ministerial Decision on Non-Violation and Situation Complaints

On 24 July 2015, 17 Members of the World Trade Organization (WTO) tabled a draft Ministerial decision (published by the WTO secretariat on 29 July 2015) on “Non-violation and situation complaints” for “consideration at the 10th Ministerial Conference of the WTO” (Source: IP/C/W/607). The 10th Ministerial Conference of the WTO will take place in Nairobi from 15 December 2015 to 18 December 2015. Continue Reading