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TPP has provision banning requirements to transfer of or access to source code of software
Updated. The TPP E-Commerce chapter has a provision banning requirements to transfer or provide access to software source code. This applies to “mass market software.”
Article 14.17: Source Code
1. No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory.
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TPP on registration of drugs, bans requirements to disclose or consider certain financial or pricing data.
This is from one of the 26 chapters that was never leaked before.
CHAPTER 8 TECHNICAL BARRIERS TO TRADE, ANNEX 8-C: PHARMACEUTICALS, Annex 8-E: Medical Devices (Page 25)
ANNEX 8-C: PHARMACEUTICALS
7bis. Each Party shall make its determination on whether to grant marketing authorisation for a specific pharmaceutical product on the basis of:
Despite assurances to contrary, intellectual property covered asset for TPP ISDS mechanism
The negotiators have finally released, for the first time, TPP text, which is on the web here.
Despite assurances from the contrary by Australia and USTR, intellectual property is a covered asset subject to Investor State Dispute Settlement (ISDS):
Article 9.1: Definitions
For the purposes of this Chapter:
. . .
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WTO Decision on Least Developed Country (LDC) Drug Patent Waiver
For Immediate Release
3 November 2015
Contact: Zack Struver, +1 (202) 332-2670 or zack.struver@keionline.org
Geneva — The World Trade Organization is poised to announce this Friday its approval of a limited 17-year extension of a 2001 waiver of obligations in the TRIPS Agreement, set to expire at the end of this year, the terms of which exempt Least Developed Countries (LDCs) from requirements to grant patents or related intellectual property rights on pharmaceutical products.
European parallel trade in pharmaceuticals, 2013
As candidates consider parallel trade in pharmaceutical drugs, a practice blocked by Obama during his presidency, here is how common it is in Europe, where it is regulated and mainstream, as reported in the EFPIA publication, the Pharmaceutical Industry in Figures. Key data, 2015.
Harvard’s Oct. 23, 2015 forum on “Drug Pricing: Public Health Implications”
On October 23, 2015, the Harvard T.H. Chan School of Public Health hosted a forum titled “Drug Pricing: Public Health Implications,” that was moderated by Caroline Humer, a Reuters healthcare correspondent. The forum featured a panel of four individuals who work on drug pricing:
- Steven Pearson, President of the Institute for Clinical and Economic Review and Lecturer at Harvard Medical School
Letter from six NGOs to Obama on the WTO LDC patent waiver negotiation
Six NGOs — including Oxfam America, Health GAP, Knowledge Ecology International (KEI), the Union for Affordable Cancer Treatment (UACT), the Young Professionals Chronic Disease Network (YP-CDN), and Public Citizen — sent a letter to President Obama today asking him to publicly express the United States’ “full and unconditional support” for the waiver of World Trade Organization (WTO) drug patent rules for Least Developed Countries (LDCs). Continue Reading
Contrast in privilege: US officials working to block WTO LDC drug patent waiver, and people affected by policy
On the left, the people in the Obama Administration trying to block a permanent waiver of WTO drug patent obligations for Least Developed Countries (as defined by the UN). On the right, some people living in least developed countries.
 Ambassador Michael Forman. Head of USTR. Alma maters: Princeton, Oxford and Harvard Law. Formerly ran a hedge fund for Citibank. Continue Reading 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 |