Informed sources have provided KEI the following draft text of the IP chapter under negotiation between the European Union and India in current free trade agreement talks. KEI will provide analysis of these provisions in due course.
On 5 March 2013, the Government of India delivered the following statement at the TRIPS Council on agenda item 13, Intellectual Property and Innovation: Small and Medium-Sized Enterprises, a standalone item tabled by Chile, Chinese Taipei, the Republic of Korea and the United States of America.
We thank the delegations of Chinese Taipei, Korea, the United States and others for tabling an agenda item on “Intellectual Property and Innovation: Small and medium Sized Enterprises” which we understand is a standalone item.October 2012: Chinese comments on future work of WIPO patent committee (L&Es, patent quality and patents and health)
On 17 October 2012, the State Intellectual Property Office of China submitted the following comments to the Electronic Forum of WIPO’s Standing Committee on the Law of Patents (SCP) in relation to the future work of the Committee. The written submission focused on: 1) Exceptions and Limitations to Patent Rights, 2. Quality of Patents and 3. Patents and Health. These points were encapsulated in China’s general intervention today.
WIPO patent committee to discuss patent quality (including opposition systems), L&Es and patents and health
The 19th session of the WIPO Standing Committee on the Law of Patents (SCP) meets in Geneva from 25 February 2013 to 28 February 2013. The 18th session of the SCP ended on a contentions note as WIPO member states could not agree upon the future work of the Committee. In fact, SCP 19 was initially scheduled for November 2012 but was delayed till February 2013 as WIPO’s membership thought informal discussions were required to produce a successful outcome for the future work of the patent committee.
EU and US push WIPO negotiations against human rights, for restrictions on exceptions
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.
Comments on the the Bayer appeal of the compulsory license on Nexavar patents, February 17, 2013
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).
WIPO provides limited access to observe informal negotiations, but bans use of Internet social media
The WIPO Special Session negotiating the text of a new treaty on copyright exceptions for persons with disabilities is meeting from February 18 to 22. Yesterday all of the negotiations were behind closed doors, but this morning WIPO made public a copy of the revised negotiating text (available here: https://www.keionline.org/node/1651).
WHO/WIPO/WTO trilateral report: Human rights, de-linkage and the R&D Treaty
As mentioned in a previous piece, the trilateral report by the secretariats of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), Promoting Access to Medical Technologies and Innovation: Intersections between public health, intellectual property and trade, covers a lot of ground including but not limited to: 1) the global burden of disease and global health risks, 2) health and human rights, 3) access to essential medicines: an indicator for the fulfillment of the right to Continue Reading
Hague Conference again seeks global norms on Recognition and Enforcement of foreign judgments
On Wednesday, January 23rd, 2013, the Department of State will convene a meeting to discuss a proposal by the Hague Conference on Private International Law (“Hague Conference”) to developing a new “instrument” on the recognition and enforcement of judgments, including “new jurisdictional filters.”
IPAB hearing on the Nexavar compulsory license, part 1, R&D costs
On January 16, the India Intellectual Property Appeals Board (IPAB) began a hearing on the merits of Bayer’s appeal of India’s first compulsory license.
The outcome of this trial, which focuses on the cancer drug Nexavar, is a matter of first impression for the IPAB, and is expected to set precedents on a wide range of issues, including the permissible grounds for granting compulsory licenses, the relationship between the India patent law and the TRIPS Agreement, and the setting of terms and conditions for the compulsory license, including the royalty rates.