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
The following statement was delivered at the 19th session of the WIPO Standing Committee on the Law Of Patents (SCP) after presentations by the secretariats of WIPO, WHO and WTO on the trilateral report.
26 February 2013
The following WTO airgram WTO/AIR/4075/REV.1 (22 February 2013) contains the agenda for the upcoming WTO Council for TRIPS meeting to be held in Geneva from Tuesday, 5 March 2013 to Wednesday, 6 March 2013. The March 2013 session of the TRIPS Council will discuss the LDC Group’s request (IP/C/W/583) for an extension of the transitional period under Article 66.1 of the TRIPS Agreement under agenda item 11. Continue Reading
WIPO is spending five days in a special session to work on the text for a treaty on copyright exceptions for persons who are blind or have other disabilities.
KEI has obtained a copy of the latest version as of Friday morning, which is attached below.
The first four days have been consumed with highly technical but important debates of the international rules for copyright exceptions. The US and the EU are demanding that all sorts of language be put into the treaty referring to a three step test to restrict the use of exceptions.
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).
For the past year, a treaty on copyright exceptions for persons who are blind or have other disabilities has been hung up on demands by the European Union to insert provocative language on the so called “three step test” in… Continue Reading
For the past year, a treaty on copyright exceptions for persons who are blind or have other disabilities has been hung up on demands by the European Union to insert provocative language on the so called “three step test” in copyright into the treaty. The Trans Pacific Partnership Agreement is in the middle of a similar dispute, with the US pushing language that would place the three step test on top of all copyright limitations and exceptions, including those set out a particular cases in the Berne Convention. Continue Reading
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 13 April 2011, Senator Orrin Hatch (Republican-Utah) wrote a letter to then-Secretary of State, Hillary Clinton complaining about Global Fund’s policy on generic procurement and compulsory licensing. With respect to procurement, Sen. Hatch asserted that Global Fund monies were used to procure generic drugs “at unnecessary costs in recipient countries” while branded drugs (all Abbott products) were were available at a lower cost. Continue Reading
Morocco delivered this statement today (17 December 2012) announcing its formal candidacy to host a Diplomatic Conference in June 2013.