WTO disputes- Intellectual property dimensions of the Boeing case (WT/DS353)

“Roma locuta causa finita est” (Rome has spoken, therefore the case has been decided) was the maxim employed by medieval jurists to describe the absolute irrevocability of papal judgements in canon law. Today, in modern international trade law, the World Trade Organization’s (WTO) Appellate Body fulfills a similar function as the international trading system’s “Supreme Court”. In the words of the WTO,

[t]he Appellate Body was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). Continue Reading

Is the WHO CEWG proposal for the R&D treaty “too small”?

The WHO’s Consultative Expert Working Group (CEWG) on R&D proposal for a new WHO Convention on health R&D has been widely praised by public health groups (See https://www.keionline.org/node/1399). The CEWG proposal for a treaty has also, at least so far, avoided much criticism from the pharmaceutical industry, even though it strongly embraces the notion of delinkage of R&D costs from product prices, open innovation, and technology transfer and capacity building in developing countries. Continue Reading

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Senate HELP Committee proposes evaluation of Innovation Inducement Prizes, as alternative to product monopolies

In the United States Senate, the Committee on Health, Education, Labor and Pensions (HELP) is trying to move forward a bill titled the “Food and Drug Administration Safety and Innovation Act.” Among other things, the bill would “amend the Federal Food, Drug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs and medical devices, establish user-fee programs for generic drugs and biosimilars,” and address a number of other topics, such as extend the legal monopoly on antibiotic drugs by 5 years. Continue Reading

5 April 2012: World Health Organization’s Consultative Expert Working Group on R&D Financing releases its Report

On Thursday, 5 April 2012, the World Health Organization released the report of the Report of the Consultative Expert Working Group on Research and Development: Financing and Coordination entitled “Research and Development to Meet Health Needs in Developing Countries: Strengthening Global Financing and Coordination”. The 218 page report will take some time to fully assess.

The report can be found here: http://www.who.int/phi/CEWG_Report_5_April_2012.pdf

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Senator Harkin (D-IA) sends letter to President Obama supporting a WIPO treaty for the visually impaired

On Friday, March 30, 2012, Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee sent a letter to President Obama supporting an international treaty for persons who are visually impaired or have other disabilities. The letter urges the Obama administration to achieve several goals in such a treaty, including robust minimum standards that do not diminish the rights provided for under U.S. Continue Reading

KEI letter to Steve Ricchetti, asking recusal in matters that involve former clients

On March 12, 2012, Tedmund Wan posted a note on Joe Biden’s appointment of Steve Ricchetti, exploring potential conflicts of interest with the clients in a lobbying firm that he ran. On March 29, 2012, KEI formally asked Ricchetti to recuse himself in matters concerning his former clients. The letter follows.

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29 March 2012

Steve Ricchetti
Counselor to Vice President Joe Biden
The White House
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