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Six Myths about the treaty for people with disabilities that should be debunked next week?

Next week (March 8-12) delegates from various developing countries will gather in Washington, DC for a week long “INTERNATIONAL TRAINING FOR DEVELOPING COUNTRIES AND COUNTRIES IN TRANSITION ON EMERGING ISSUES IN COPYRIGHT AND RELATED RIGHTS AND ISSUES PERTAINING TO BLIND AND VISUALLY IMPAIRED PERSONS” co-organised by the US Copyright Office and WIPO. We hope that at least 6 Myths about the treaty for people with disabilities proposed by Brazil, Ecuador and Paraguay will be clearly debunked once and for all during the training.

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Indian NGOs confront GWU Law School efforts to push maximalist IPR norms in India

The ties between Universities and businesses are often complex and blurred. Private companies or trade associations fund research and seminars, and have consulting relationships with faculty members, trying to shape public policy and judicial decisions on a wide range of issues. A particularly interesting industry/university connection concerns something called the “India Project,” that is associated with the George Washington University (GWU) Law School.

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Copyright lobby (IIPA) demands that USTR punish governments who ‘consider’ mandating open source software

On February 18, 2010, the International Intellectual Property Alliance (IIPA), a trade association whose members include the Business Software Alliance (BSA), the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) prepared a 498 page submission to the Office of the United States Trade Representative (USTR) detailing their concerns with 39 countries or territories which the IIPA believed were not providing adequate and effective protection of their Continue Reading

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PhRMA pushes for data exclusivity in 2010 Special 301 comments

The Pharmaceutical Research and Manufacturers of America (PhRMA) 2010 Special 301 submission (a 200 plus page document) systematically lists in great detail, grievances against 41 countries for, in its view, the insufficient implementation and enforcement of national IP legislation.

A primary focus of attention and frequent “area of concern” in the submission is the inadequate protection of pharmaceutical regulatory data. Regulatory data refers to test and clinical trial data generated by drug developers and submitted as requisite evidence of safety and efficacy for the successful registration of a product. While data protection can take many forms, data exclusivity regimes grant a period of exclusive rights to the originator during which generic manufacturers are banned from relying on the original data to meet registration standards of safety and efficacy. In its submission, PhRMA relentlessly advocates for, indeed makes demands of several countries to implement data exclusivity provisions that go far beyond their obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

As noted by KEI and others in submissions to USTR, a number of public health and development NGOs have been highly critical of data exclusivity regimes, citing the large barriers to the introduction of generic medicines, and the conflicts between data exclusivity and medical ethics, when generic firms are required to replicate experiments with humans where the results of trials are already known. KEI will focus on the issue of pharmaceutical test data protection in its testimony on the Special 301 list on March 3, 2010.

Below are country-specific statements on this subject from PhRMA’s submission:


PhRMA has singled out THAILAND by recommending that it be identified as a Priority Foreign Country

In 2007, implementing Ministerial regulations of the Trade Secrets Act of 2002 were issued by the Thai FDA. While the regulations provide trade secret protection that prohibits disclosure of confidential information, the regulations fail to prohibit the Thai FDA or generic drug applicants, for a fixed period of time, from relying on the originator’s regulatory data to approve generic versions of the originator’s product. That protection (referred to as Data Protection) should be established by Thailand to ensure unfair commercial use of innovators’ data does not occur.

PhRMA encourages Thailand to (1) implement new regulations that do not permit generics producers to rely directly or indirectly on the originators’ data, unless consent has been provided by the originator, for the approval of generic pharmaceutical products during the designated period of exclusivity; (2) bring Thailand’s regulations in line with international best practices by making clear that trade secret protection is provided to all confidential material whenever it is received by officials; (3) extend data protection to new dosage forms, new indications, etc; and (4) require Thai FDA officials to protect information provided in confidence by the originator by ensuring that information is not improperly made public or made available for use or reliance by a subsequent producer of a generic pharmaceutical product.

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PCT Patent Filings per million residents

The use of the patent system is quite different from country to country. The following table provides the number of WIPO PCT patent filings, by country of origin, from January 2005 to November 2009, per million residents.* The source of the data on PCT filings is the February 2010 version of the WIPO Statistics Database. (WIPO notes the 2009 data are provisional and incomplete). The PCT counts are based on the international filing date and the country of residence of the first named applicant.

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PhRMA’s grants to US organizations in 2008

In the United States, tax exempt non-profit organizations are subject some some requirements for financial disclosure via the IRS form 990, which is available to the public. The disclosure requirements cover most U.S. based trade associations, including the Pharmaceutical Research and Manufacturers of America (PhRMA), the trade association for some 28 “member” companies.

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WIPO Symposium on the Evolution of the Regulatory Framework of Test Data

As mentioned, before WIPO is holding a symposium on February 8, 2010 on the “Evolution of the Regulatory Framework of Test Data – From the Property of the Intellect to the Intellect of Property”. The symposium will be held from 9:30 AM to 5 PM in Room B of WIPO headquarters.

The program of the symposium can be found here: http://www.wipo.int/edocs/mdocs/mdocs/en/wipo_ip_lss1_ge_10/wipo_ip_lss1_ge_10_inf_1_prov.pdf

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Deadlock at 14th session of the WIPO Standing Committee on the Law of Patents (SCP)

After a around 10 hours of informal consultations today, it appears that the 14th session of the WIPO Standing Committee on the Law of Patents (SCP) has not reached consensus on new items for the Committee’s consideration. From sources close to the negotiation, much of the wrangling dealt with whether to preserve the non-exhaustive nature of the list of issues identified at SCP 12 and SCP 13. Continue Reading

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KEI Statement at WIPO SCP 14

Dear Chairman,

Congratulations to the Chair and the Vice Chairs for their elections.

KEI is an NGO that focuses on new thinking about innovation, and also the protection of consumers.

Our comments will focus on the proposal by Brazil to address the SCP work program on patent limitations and exceptions, as set out in SCP/14/7.

KEI supports all of the elements of work set out in paragraphs 25 to 27 of SCP/14/7, which we see as logical and useful steps to begin an empirically based discussion of patent limitations and exceptions, focused on practical concerns.

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