Around 2 am the open ended consultations on the CEWG recommendations finished their work on a report and proposed resolution, which is attached below. [See also interviews during the negotiations here: http://www.youtube.com/user/KEIWashDC/videos.]
On Tuesday, 27 November 2012, KEI filed an amicus brief to the Supreme Court of the United States in the case Ninestar Technology Co., et. al. v. International Trade Commission, et. al., supporting the Petitioners’ petition for writ of certiorari (essentially asking the Supreme Court to agree to hear the case). This case involves the application of the patent exhaustion doctrine (also known as the first sale doctrine), specifically whether the United States applies a system of international exhaustion of rights or national exhaustion of rights. Continue Reading
Apparently David Kappos will be leaving the USPTO sometime early next year. Today there is much commentary from patent community giving him high marks, and I’m willing to believe there are high marks to give. But he also had some big shortcomings. Here are a few:
At WHO deliberations (26 November 2012 to 28 November 2012) on charting a path forward following the recommendations of the Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG), Bolivia, Colombia and Thailand reiterated their political commitment supporting a binding R&D treaty. Continue Reading
Just before 8 p.m. on Friday evening, the 25th session of the WIPO’s main committee for copyright policy, the Standing Committee on Copyright and Related Rights (SCCR), completed its work and adjourned. Continue Reading
Some have written to ask what the Canada position is on the proposed WIPO treaty on copyright exceptions for persons who are blind or have other disabilities. For the first 3.5 days of the meeting, Canada did not say anything. Continue Reading
The SCCR has seems to have finished its work on the text for a possible treaty on copyright exceptions for persons who are blind or have other disabilities, and earlier than expected. The new text distributed to delegates is 25 pages long (attached below), and includes several articles with no brackets. There are many differences to be resolved. The question is, will WIPO proceed with a diplomatic conference in 2013? Continue Reading
Update: (revised version here)
—————-
Yesterday they finished work on the definition of a work. Audiovisual works and related rights are out, ebooks and audio books are in.
November 21 version of WIPO treaty for the blind negotiating text
Attached below is the November 21, 2012 version of the “REVISED WORKING DOCUMENT ON AN INTERNATIONAL INSTRUMENT ON LIMITATIONS AND EXCEPTIONS FOR VISUALLY IMPAIRED PERSONS/PERSONS WITH PRINT DISABILITIES.”
We are interested in hearing from people on any part of the text (mailto:james.love@keionline.org).
Note that on page 9 that the brackets have been removed on the definition of “authorized entity.”
US intervention at WIPO Committee on Development and Intellectual Property: Patent related flexibilities
This was the first intervention delivered by the United States of America during last week’s discussion at the 10th session of World Intellectual Property Organization’s Committee on Development and Intellectual Property on the item of patent related flexibilities.
US intervention #1 on CDIP/10/11• The United States would like to express its appreciation to the Secretariat for its preparation of the document CDIP/10/11. We have several comments on the patent-related flexibilities proposed to be studied at CDIP.