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).
For the past year, a treaty on copyright exceptions for persons who are blind or have other disabilities has been hung up on demands by the European Union to insert provocative language on the so called “three step test” in… Continue Reading
For the past year, a treaty on copyright exceptions for persons who are blind or have other disabilities has been hung up on demands by the European Union to insert provocative language on the so called “three step test” in copyright into the treaty. The Trans Pacific Partnership Agreement is in the middle of a similar dispute, with the US pushing language that would place the three step test on top of all copyright limitations and exceptions, including those set out a particular cases in the Berne Convention. Continue Reading
On Friday, 8 February 2013, KEI filed comments to USTR on the 2013 Special 301 Review. The comments request support for an extension of the transition period for least-developed countries, issues regarding compulsory licenses, patent linkage, exclusive rights over test data, and standards of patentability. With regard to copyright, KEI submitted comments covering issues of technological protection measures and DMCA-style legislation on notice-and-takedown procedures. KEI also made comments regarding the enforcement of intellectual property rights.
* The author thanks Belinda Townsend, Katy Athersuch, Judit Rius Sanjuan and Alice Fabbri for their comprehensive notes during the WHO Executive Board discussion of the CEWG agenda item.
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.”
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.
On Thursday, 10 January 2013, USPTO held a roundtable on genetic diagnostic testing. This roundtable followed up on the public hearing hosted by USPTO nearly a year ago (and the written comments submitted). The purpose of the public hearings last year was so that USPTO could gather information and viewpoints in advance of the report it was directed to write at the behest of Congress in the America Invents Act. Continue Reading
On June 2, 2010, KEI submitted a FOIA request to the White House Office of the United States Trade Representative (USTR). The request covered:
KEI collection of various interviews, statements and news clips from the December 17-18, 2012 WIPO Extraordinary General Assembly that approved a June 2013 diplomatic conference to negotiate a treaty on copyright exceptions for persons with certain disabilities.
Video interviews from the WIPO Extraordinary General Assembly, after reaching a landmark decision to: