TPP provisions on Injunctions, are the TRIPS exceptions in or out?
Introduction
This note looks at the TPP, ACTA and TRIPS provisions on injunctions, and finds the TPP text unclear, as regards the possibility of exceptions to the obligation to make injunctions available in cases in of infringements. We have asked USTR and USPTO to clarify this issue.
Discussion
The TRIPS text on injunctions reads as follows:
Section 2: civil and administrative procedures and remedies
Article 44 – Injunctions.KEI TPP Note: Exceptions for regulatory test data
This is the short briefing note that KEI is sending to TPP negotiators, on the issue of regulatory test data, which is currently a monopoly without space for exceptions, in the TPP text:
Exceptions to rights in regulatory test data
KEI TPP Note: Damages language in IP Chapter conflicts with US copyright law, blocks Green Paper reforms
Subject: TPP, damages, US copyright law
KEI TPP Note: IP Chapter language on damages conflicts with US copyright law, and blocks reforms being considered by the USPTO Green Paper
20 November 2013
KEI: WIPO should update 1976 Tunis Model Law on Copyright for Developing Countries
The twelfth session of the WIPO’s Committee on Development and Intellectual Property (CDIP) is taking place from 18 November 2013 to 21 November 2013. This Committee, squeezed into just four days of discussions, has a heavy workload. Continue Reading
Leaked TPP Text Versus the USPTO Green Paper: Cell Phone Unlocking
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TPP Negotiating Parties’ Counterproposal to the US on Medicines Represents a More Flexible Approach
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KEI analysis of Wikileaks leak of TPP IPR text, from August 30, 2013
KEI Comments on the August 30, 2013 version of the TPP IP Chapter
For more information, contact James Love, mailto:james.love@keionline.org, mobile +1.202.361.3040.
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