Morocco delivered this statement today (17 December 2012) announcing its formal candidacy to host a Diplomatic Conference in June 2013.
On 3 December 2012, the 15th round of negotiations on the Trans-Pacific Partnership Agreement (TPPA) began in Auckland, Newe Zealand and included, for the first time, eleven negotiating parties with the additions of Canada and Mexico more than a year after these two countries formally asked to join the negotiations. The current negotiating parties now include Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. Rumored interested countries include Japan, Thailand and South Korea. 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
This was the first intervention delivered by the United States of America during last week’s discussion at the 10th session of World Intellectual Property Organization’s Committee on Development and Intellectual Property on the item of patent related flexibilities.
US intervention #1 on CDIP/10/11• The United States would like to express its appreciation to the Secretariat for its preparation of the document CDIP/10/11. We have several comments on the patent-related flexibilities proposed to be studied at CDIP.
2013 deadline looms for LDC members of the World Trade Organization
On 29 November 2005 the World Trade Organization’s (WTO) Council for TRIPS (TRIPS Council) extended the transition period accorded to least developed country (LDC) members of the WTO to implement their obligations under the TRIPS Agreement from 1 January 2006 to 1 July 2013. Continue Reading
October 19 WIPO negotiations on copyright exceptions for disabilities
After three days, the WIPO intersessional negotiations on copyright exceptions for persons with disabilities adjourned. On July 26, 2012, the SCCR negotiating text (SCCR 24/9) was 26 pages long, with 4051 words, and included 56 brackets, and 20 alternatives. The Final document on Friday (copy here) evening was 26 pages, with 47 brackets, and 22 alternatives.
Three-Step test in copyright negotiations
In recent and current negotiations over copyright norms, the U.S., the European Union and some other high income countries have asked for provisions in the agreement that limit copyright limitations and exceptions to some type of “three-step-test.”
More on the 3-step test in global copyright negotiations
This is an elaboration on the 3-step test in multilateral agreements. The 1996 WCT Copyright treaty has bad language on the 3-step test, but the WCT is not now part of the TRIPS agreement, and is only subject to dispute resolution via trade agreements outside of the WTO, like the TPPA.
If the WCT is referenced under the general provisions to the TPPA, you also get the 3-step test in the TPPA, subject, however, to the agreed upon statement regarding Article 10, which is helpful.
Australia, Chile and New Zealand reply to UN Rapporteur for Right to Health on TPP complaints
KEI has recently learned that 6 of 9 countries ignored a UN Special Rapporteur request to respond to the March 22, 2011 complaint regarding the TPP. We are also disappointed in the comments from the three that did respond. The UN process for dealing with such complaints is somewhat bureaucratic and secretive. Among the three countries that did respond, Australia, Chile and New Zealand, all defended the secrecy of the TPP negotiating text and asserted that the TPP would not violate the right to health. Continue Reading
Intellectual Property Appellate Board (Chennai) dismisses Bayer’s request for a stay on compulsory license for sorafenib
On 12 March 2012 the Controller General of Patents,Designs & Trademarks of India issued an order granting a compulsory license under Section 84 of the Patents Act (1970) to Natco in patent number 215758 granted to Bayer covering the anti-drug sorafenib toslyate. KEI filed an affidavit in this compulsory licensing dispute involving Natco and Bayer. Following the issuance of a compulsory license, Bayer requested the Intellectual Property Appellate Board (IPAB) to issue a stay on the compulsory license.