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.
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On 29 November 2005 the World Trade Organization’s (WTO) Council for TRIPS (TRIPS Council) extended the transition period accorded to least developed country (LDC) members of the WTO to implement their obligations under the TRIPS Agreement from 1 January 2006 to 1 July 2013. Continue Reading →
After three days, the WIPO intersessional negotiations on copyright exceptions for persons with disabilities adjourned. On July 26, 2012, the SCCR negotiating text (SCCR 24/9) was 26 pages long, with 4051 words, and included 56 brackets, and 20 alternatives. The Final document on Friday (copy here) evening was 26 pages, with 47 brackets, and 22 alternatives.
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In recent and current negotiations over copyright norms, the U.S., the European Union and some other high income countries have asked for provisions in the agreement that limit copyright limitations and exceptions to some type of “three-step-test.”
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This is an elaboration on the 3-step test in multilateral agreements. The 1996 WCT Copyright treaty has bad language on the 3-step test, but the WCT is not now part of the TRIPS agreement, and is only subject to dispute resolution via trade agreements outside of the WTO, like the TPPA.
If the WCT is referenced under the general provisions to the TPPA, you also get the 3-step test in the TPPA, subject, however, to the agreed upon statement regarding Article 10, which is helpful.
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KEI has recently learned that 6 of 9 countries ignored a UN Special Rapporteur request to respond to the March 22, 2011 complaint regarding the TPP. We are also disappointed in the comments from the three that did respond. The UN process for dealing with such complaints is somewhat bureaucratic and secretive. Among the three countries that did respond, Australia, Chile and New Zealand, all defended the secrecy of the TPP negotiating text and asserted that the TPP would not violate the right to health. Continue Reading →
On 12 March 2012 the Controller General of Patents,Designs & Trademarks of India issued an order granting a compulsory license under Section 84 of the Patents Act (1970) to Natco in patent number 215758 granted to Bayer covering the anti-drug sorafenib toslyate. KEI filed an affidavit in this compulsory licensing dispute involving Natco and Bayer. Following the issuance of a compulsory license, Bayer requested the Intellectual Property Appellate Board (IPAB) to issue a stay on the compulsory license.
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Test data protection is a sui generis intellectual property right that was first developed in the 1980s for pharmaceutical drugs, and has been extended recently to biologic drugs and vaccines.
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