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Earlier this month, the European Parliament and the European Commission released a new compromise text on orphan works.

The Compromise Text is available here:
http://register.consilium.europa.eu/pdf/en/12/st10/st10953.en12.pdf

KEI sees the text as a step backwards for access to knowledge. The proposed directive makes far too many compromises, is too limited in terms of the beneficiaries and uses of works, and creates complicated, burdensome and costly procedures and record keeping requirements.

Background on earlier EU consultations

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On 15 June 2012, the World Intellectual Property Organization and the Australian Permanent Mission to the World Trade Organization signed an agreement and released a joint communiqué “detailing how an AUD$2 million Australian contribution would assist least-developed and developing countries improve their intellectual property systems”.

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This was the statement delivered by Brazil on 5 June 2012 at the WTO Council for TRIPS under Agenda Item L-Copyright Limitations and Exceptions: Ongoing Negotiations At WIPO-Briefing By Brazil and the United States.

The following is the Brazilian intervention.

Last April, the President of Brazil, Dilma Rousseff, visited the United States.

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On 5 June 2012, India delivered the following intervention at the WTO Council for TRIPS on agenda item K, “Exchange of information on securing supply chains against counterfeit goods”.

Intervention on Agenda Item K

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Donald McNeil has an article in the New York Times that appeared in print on May 22, 2012 (page D6 of the New York edition) with the headline: “Malaria: Fake and Substandard Drugs Grow as Threat to Fight Disease.” A web version is available here: http://www.nytimes.com/2012/05/22/health/policy/fake-and-substandard-drugs-grow-as-threat-to-fight-malaria.html

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The USTR’s 2012 Special 301 list was published on April 30, 2012. Below are some comments about certain portions of the Special 301 Report that concern access to knowledge and access to medicines.

USTR cites the “TEAM” approach to access to medicines
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In response to a Federal Register notice seeking comments on genetic diagnostic testing, KEI submitted comments detailing several proposals with respect to patents on diagnostic technologies and also included notes regarding our position in the American Molecular Pathology v. Myriad Genetics litigation. In addition to the questions listed in Federal Register notice, we recommended that the USPTO address two additional questions:

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