On May 17, 2013, DG trade held a public briefing on the IP Chapter for the TTIP and the E/Japan trade agreement. The TTIP discussion was led by Pedro Velasco Martins, the Deputy Head of Unit for Intellectual Property and Public Procurement. Unlike some recent USTR briefings, which were off-the-record, this was on-the-record meeting, and DG Trade even displayed a suggested twitter hash tag.
Earlier KEI published sections of the the EU India Negotiating FTA/BTIA negotiating text dealing with enforcement, along with some commentary on Article 17-31: /node/1681.
On March 28, 2013, KEI obtained another document with Article 1-5,7-8,10-33 of the negotiating next. The new text is available at /node/1691
Krista Cox will be providing her impressions here: /node/1693
Here are KEI’s quick reactions to the text.
Among the provisions in the TRIPS which protect consumers are Article 7, 8 and 40.
This is a copy of the negotiating text for the India-EU Broad-based Trade and Investment Agreement (BTIA), also referred to as the India/EU FTA. It does not include Article 6, which I assume concerns patents, or have any text for Article 9 on Geographical Indications. The text includes country positions. We are not certain of the date of this text. KEI has some commentary at /node/1692
Consolidated draft India-EU FTA (BTIA)
IPR chapter
Art. 1 – Definition [Agreed]
Informed sources have provided KEI the following draft text of the IP chapter under negotiation between the European Union and India in current free trade agreement talks. KEI will provide analysis of these provisions in due course.
**Updated 19 March 2013, after the Supreme Court released its opinion in Kirtsaeng ruling to permit parallel importation of copyrighted works**
LAW No. 1733/87 (FEK 171 A’ of 22.09.1987)
“Technology transfer, inventions, and technological innovation” as amended
by Art. 18, of Law No. 1739/1987 (FEK 201, A’ of 20.11.1987)
PART ONE -INDUSTRIAL PROPERTY ORGANISATION (OBI)
. . .
PART TWO PATENTS
Article 13
Non-contractual licence
On January 8, 2013, the US Department of Justice (DOJ) and the U.S. Patent and Trademark Office (PTO) issued a joint statement on “remedies for standards-essential patents subject to voluntary F/RAND commitments. (Copy of statement here). Continue Reading
These are KEI’s February 17, 2013 comments on the the Bayer appeal of the compulsory license on Nexavar patents.
Comments on the the Bayer appeal of the compulsory license on Nexavar patents.
February 17, 2013
The dispute is Bayer Corporation v Natco Pharma Limited, and is being heardbefore the Intellectual Property Appellate Board At Chennai (O.R.A. no. 35/PT/2012).
On Friday, 8 February 2013, KEI filed comments to USTR on the 2013 Special 301 Review. The comments request support for an extension of the transition period for least-developed countries, issues regarding compulsory licenses, patent linkage, exclusive rights over test data, and standards of patentability. With regard to copyright, KEI submitted comments covering issues of technological protection measures and DMCA-style legislation on notice-and-takedown procedures. KEI also made comments regarding the enforcement of intellectual property rights.
On Wednesday, January 23rd, 2013, the Department of State will convene a meeting to discuss a proposal by the Hague Conference on Private International Law (“Hague Conference”) to developing a new “instrument” on the recognition and enforcement of judgments, including “new jurisdictional filters.”