WTO TRIPS Council: US intervention on ACTA

This is the intervention that the United States made on ACTA on 25 October 2011 during the WTO TRIPS Council discussions of “Enforcement of Intellectual Property Rights”.

O. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS (PARTY III OF THE TRIPS AGREEMENT)

The United States thanks Japan for its opening remarks, with which we fully associate ourselves.

We appreciate this opportunity to share with colleagues from other WTO Members our views on the importance of enforcement and to provide some additional information on the ACTA.

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WTO TRIPS Council: Canada’s defence of ACTA in discussions of “Trends in Enforcement”

On Tuesday, 25 October 2011, Canada made the following intervention at the WTO TRIPS Council on ACTA under agenda item O, “Trends in Enforcement”.

In relation to the WTO Doha Declaration on the TRIPS Agreement and Public Health, Canada asserted the following,

ACTA is also consistent with the TRIPS Agreement and the Declaration on TRIPS and Public Health and will not hinder the cross-border transit of legitimate generic medicines.
OCTOBER TRIPS COUNCIL MEETING
October 24-25, 2011
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US Copyright Office 17 priorities

Register of Copyrights Maria A. Pallante has made public the “priorities and special projects” of the US Copyright Office from October 2011 to October 2013. The ambitious work plan sets 17 priorities in the areas of copyright policy and administrative practices, and 10 special projects “to improve the quality and efficiency of the U.S. Copyright Office’s services.”

The 16 page document is available here
Comments should be sent to registerofcopyrights@copyright.gov

Here’s a quick outline:

3 Studies

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WTO TRIPS Council: India raises concerns on ACTA and TPPA on discussion of “Trends in the Enforcement of IPRs”

On 25 October 2011, India delivered the following intervention at the WTO TRIPS Council raising concerns on ACTA and the TPPA during discussions of “Trends in the Enforcement of Intellectual Property Rights”. On ACTA, India voiced concerns on the scope of ACTA’s civil enforcement measures, border measures potential role in the seizure of generic medicines, third party liability, damages and also raised systemic issues such as how WTO MFN obligations would affect WTO members who are not ACTA parties,

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WTO TRIPS Council: India questions the United States on eBay v. MercExchange precedent as alternative to Paragraph 6 mechanism

On 25 October 2011, the WTO TRIPS Council held its annual review of the Paragraph 6 System. The following are extracts from the intervention of India. Note that under “Any alternatives to the use of Paragraph 6 System to achieve the objective of access to medicines” India asked the United States to shed light on state practice in the US following the US Supreme Court’s eBay versus MercExchange ruling (/content/view/174/1). Continue Reading

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Recent cancer drug prices

2010

April 29, 2010.
Brand name: Provenge
Generic name: Sipuleucel-T
Marketed by: Dendreon
Indication: therapy for certain men with advanced prostate cancer that uses their own immune system to fight the disease.
FDA press release here.
US Price: $31,000 per infusion. A full course of treatment is three infusions over a one-month period, or $93k.
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USPTO issued patents mentioning ritonavir in a patent claim

This note begins by looking at patents issued by the USPTO that specifically mention the term ritonavir in the patent claims, or mention the NIH contract that was used to fund the early development of the product. This includes 194 patents that cite ritonavir in the patent claims, and another 42 patents that cite the NIH contact that funded the early ritonavir work. We also provide quotes from an August 19, 2011 WIPO report on the patent landscape for ritonavir that found 805 patent families related to ritonavir.

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TRIPS Council (24-25 Oct 2011) will discuss Para 6 implementation, Australia’s tobacco plain packaging bill 2011 and enforcement

The following WTO airgram WTO/AIR/3815/REV.1 contains the agenda for the upcoming WTO Council for TRIPS meeting to be held in Geneva from Monday, 24 October 2011 to Tuesday, 25 October 2011. Paragraph 3 and agenda items G, N and O will be of interest to readers of this blog. It should be noted that in the original document, the text is capitalized. Item G covers Review under Paragraph 8 of the Decision on the implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. Continue Reading

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