Commentary on the WTO negotiations over waiver of drug patents for Least Developed Countries (LDCs)

Below you will find a collection of articles in the press and commentary by KEI relating to the request for LDC patent exemption on pharmaceutical products at the WTO.

KEI commentary

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Senator Sherrod Brown letter to USTR, supporting permanent waiver of WTO drug patent rules for LDCs

Attached is a letter, dated October 14, 2015, from Senator Sherrod Brown to USTR’s Ambassador Michael Froman, urging USTR to support a permanent waiver of WTO drug patent rules, for Least Developed Countries. Negotiations on this issue begin formally on October 15, 2015, during a meeting of the WTO TRIPS Council.

Among the money quotes:

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WTO TRIPS Council (October 2015) to discuss LDC extension for pharmaceuticals, non-violation, review of the Paragraph 6 system

The WTO TRIPS Council meets from Thursday, 15 October 2015 to Friday, 16 October 2015. The hot topics for consideration include agenda item 13 (Request from the LDC Group for an indefinite exemption from WTO IP obligations to provide patents for pharmaceutical products, agenda item 8 (non-violation and situation complaints), agenda item 7 (Review of the Paragraph 6 system) and agenda item 14 (a discussion item co-sponsored by Australia, the European Union and the United States on “Intellectual Property and Innovation: Entrepreneurialism and New Technologies).

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US, AU and CA try to block WTO LDC drug patent waiver because PhRMA’s not happy enough with the TPP

Members of the World Trade Organization (WTO) meet this week in Geneva (15 October 2015 – 16 October 2015) to decide if the poorest countries on earth are exempt from WTO rules for pharmaceutical patents. The WTO’s TRIPS Council is expected to make a decision in respect of the request of the LDC Group’s request for indefinite exemption from TRIPS obligations on pharmaceutical patents. Continue Reading

European Commission supports indefinite exemption for LDCs from WTO IP rules for pharmaceuticals

In a closely watched announcement, the European Commission issued a press release on Thursday, 10 September 2015 supporting the indefinite exemption for least developing country Members of the World Trade Organization (WTO) from TRIPS obligations on pharmaceutical products. These TRIPS obligations include pharmaceutical patents, pharmaceutical test data protection, exclusive marketing rights and the mailbox provisions.

The LDC Group, in their February 2015 submission to the WTO TRIPS Council, requested the following:

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17 WTO Members (Brazil, China, India, Russia) submit draft Ministerial Decision on Non-Violation and Situation Complaints

On 24 July 2015, 17 Members of the World Trade Organization (WTO) tabled a draft Ministerial decision (published by the WTO secretariat on 29 July 2015) on “Non-violation and situation complaints” for “consideration at the 10th Ministerial Conference of the WTO” (Source: IP/C/W/607). The 10th Ministerial Conference of the WTO will take place in Nairobi from 15 December 2015 to 18 December 2015. Continue Reading

July 2015: WTO reports on EU competition policy and copyright law – WTO Trade Policy Review – European Union

On 6 July 2015 and 8 July 2015, the World Trade Organization (WTO) conducted a trade policy review of the European Union. All members of the WTO are subject to review under the Trade Policy Review Mechanism (TPRM). As noted by the WTO secretariat, the “basis for the review is a report by the WTO Secretariat and a report by the Government of the European Union” (Source: Trade Policy Review – European Union, July 2015).

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