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On Monday, December 10, 2012, Knowledge Ecology International (KEI) filed an amicus brief in a case before the Supreme Court of the United States involving application of the patent exhaustion doctrine to self-replicating technology. KEI filed in support of the petitioner, urging the Supreme Court to find that the patent exhaustion doctrine does in fact apply to self-replicating technology and that the patent holder’s rights in the present case were exhausted with the sale of the first-generation of the technology, in this case a seed. Continue Reading →

The United States proposal for the TPPA includes many demands that will increase intellectual property rights for rightholders. The leaked text reveals that the United States seeks to introduce numerous measures that go well beyond the requirements of the World Trade Organization (WTO) Agreement on Trade Related Aspects of Intellectual Property (TRIPS), known as TRIPS-plus provisions. Some of the areas of concern include the provisions on intellectual property enforcement. Continue Reading →

Around 2 am the open ended consultations on the CEWG recommendations finished their work on a report and proposed resolution, which is attached below. [See also interviews during the negotiations here: http://www.youtube.com/user/KEIWashDC/videos.]

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On Tuesday, 27 November 2012, KEI filed an amicus brief to the Supreme Court of the United States in the case Ninestar Technology Co., et. al. v. International Trade Commission, et. al., supporting the Petitioners’ petition for writ of certiorari (essentially asking the Supreme Court to agree to hear the case). This case involves the application of the patent exhaustion doctrine (also known as the first sale doctrine), specifically whether the United States applies a system of international exhaustion of rights or national exhaustion of rights. Continue Reading →

Attached below is the November 21, 2012 version of the “REVISED WORKING DOCUMENT ON AN INTERNATIONAL INSTRUMENT ON LIMITATIONS AND EXCEPTIONS FOR VISUALLY IMPAIRED PERSONS/PERSONS WITH PRINT DISABILITIES.”

We are interested in hearing from people on any part of the text (mailto:james.love@keionline.org).

Note that on page 9 that the brackets have been removed on the definition of “authorized entity.”

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On Wednesday, 21 November 2012, the plenary of the 25th Standing Committee on Copyright and Related Rights (SCCR) resumed at 10:30 AM. After the plenary, the an ambassador-level meeting of the African Group will be held. The informals are expected to take place between 2PM to 9PM.

The November 20th text is reproduced below:

Text agreed on November 20, 2012.

PREAMBLE

(Twelfth)

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Update: November 17, 2012, 10:27pm: The report was removed from the RSC website on Saturday afternoon.. Paul Teller, Executive Director of the RSC issued the following statement:

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Earlier this year, in the case In re K-Dur, the Court of Appeals for the Third Circuit found that reverse settlement agreements, also known as “pay-for delay” arrangements, were prima facie evidence of anticompetitive behavior. The court noted that the presumption that such payments are unreasonable restraints of trade can be rebutted by a showing that the payment either offered a pro-competitive benefit or that the payment was for a purpose other than delayed entry into the market of generics. Continue Reading →

On 7 November 2012, Brazil delivered the following intervention under agenda item M, “Intellectual Property and Innovation”.

Statement by Brazil. TRIPS Council.
“Intellectual Property and Innovation”.

Thank you Chairman,

When Brazil asked for an item on “Intellectual Property and Innovation” to be included in the agenda of this session of the TRIPS Council, together with the US delegation, its primary intention was to help set the stage for a debate, without prejudging any outcome whatsoever.

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