Krista Cox's blog

29 Organizations and More than 70 Individuals Sign Letter Opposing Life Plus Seventy Year Copyright Term in TPP

29 organizations and more than 70 individuals signed on to the final letter opposing copyright terms of life plus seventy years in the Trans-Pacific Partnership Agreement (TPP). A PDF version of the final letter is attached below. An earlier version of the letter with a substantial number of signatures was sent to all lead IP negotiators and all chief negotiators in the TPP on Friday, 6 December 2013, in advance of the TPP ministerial.

6 Members of Congress Write to President Obama on TPP and Access to Health Care, Criticize Closed Door Negotiations

On 9 December 2013, six members of Congress sent a letter to President Obama citing concerns in the TPP regarding access to health care and affordable medicines. The six members include Representatives Jan Schakowsky (D-IL), Michael Michaud (D-ME), Rosa DeLauro (D-CT), George Miller (D-CA), Barbara Lee (D-CA) and Peter Welch (D-MA). The letter primarily addresses efforts by USTR that result in greater monopoly power and delay entry of generic medicines, and how such efforts will affect state and federal budgets.

Rep. Zoe Lofgren (D-CA) Criticizes Copyright Provisions in Trans-Pacific Partnership Agreement (TPP)

On December 5, 2013, Representative Zoe Lofgren (D-CA) participated in a press conference where she criticized the copyright provisions in the Trans-Pacific Partnership Agreement (TPP). In particular, she noted three specific concerns including exporting lengthy copyright term, restrictions on copyright limitations and exceptions, and locking in bad provisions on technological protection measures (TPMs). The full press release is reprinted below:

Rep. Zoe Lofgren on Emerging & Controversial Trans Pacific Partnership (TPP) Trade Treaty

Leaked TPP Text Versus the USPTO Green Paper: Cell Phone Unlocking

The USPTO’s green paper on “Copyright Policy, Creativity and Innovation in the Digital Economy” surveys current copyright law and notes that there are several areas where reform may be welcome. In many of these areas, the USPTO green paper demonstrates an openness to discussion on these issues or support existing efforts and proposals. Despite this support in some areas for reform and despite the USPTO’s involvement in the Trans-Pacific Partnership (TPP) negotiating process, there are several areas where the United States’ position in the TPP could hinder such reform.

TPP Negotiating Parties' Counterproposal to the US on Medicines Represents a More Flexible Approach

On November 13, 2013, Wikileaks obtained and published a copy of the consolidated IP negotiating chapter for the Trans-Pacific Partnership Agreement (TPP). This leak has allowed the public to learn what is in the text, including about the reported five country counterproposal to the United States' proposal on pharmaceuticals and medicines.

Evolving Patent Issues and the Trans-Pacific Partnership Agreement (TPP)

I. Scope of Patentability
II. Evergreening Patents
III. Patent Trolls
IV. Presumption of Validity
V. Injunctions
VI. Exclusive Rights Over Test Data
VII. Patent Linkage
VIII. Delinkage/Positive Agenda


Evolving Copyright and the Relationship With the Trans-Pacific Partnership Agreement (TPP)

Table of Contents:

I. Parallel Importation
II. Copyright Terms
III. Technological Protection Measures
IV. Fair Use
V. Marrakesh Treaty
VI. Libraries, Archives and Museums
VII. Statutory Damages
VIII. Orphan Works


Hot Topics in the Intellectual Property Chapter of the Trans-Pacific Partnership Agreement (TPP): How Will Things Shake Out?

More than two-and-a-half years ago, the United States tabled their text for the intellectual property chapter at the Fifth Round of negotiations which took place in February 2011 in Santiago, Chile. In March 2011, that text was leaked and contained many aggressive proposals as well as some placeholder text for pharmaceuticals in other areas.

19th Round of TPP Negotiations: Reduced engagement for "stakeholder engagement" day

On Wednesday, 27 August, the 19th round of TPP negotiations held its "stakeholder engagement" day.

Chief's briefing changed to "dialogue"

TPP Trade Ministers Press Briefing/Statement (Update from 19th Round of TPP Negotiations in Brunei)

On August 23, 2013, the TPP Ministerial meeting concluded with a press briefing. Stakeholders were not allowed to attend, but according to media sources, the briefing lasted only 20 minutes and reportedly the ministers only took a handful of questions before ending the briefing. Apparently, Ambassador Froman confirmed that the October 2013 deadline was not possible, but that countries were now looking for "milestones" by October with the hope of concluding the agreement by the end of the year.

Updates from the 19th Round of Trans-Pacific Partnership Agreement (TPP) Negotiations in Bandar Seri Begawan, Brunei

The 19th round of Trans-Pacific Partnership Agreement (TPP) began this week in Bandar Seri Begawan, Brunei. Although this round just started yesterday, it is evident that there are many differences between this round and previous rounds.

2013 July 12, Senator Leahy (D-VT) Requests March-In To Ensure Availability of Genetic Testing for BRCA Mutations

On 12 July 2013, Senator Leahy (D-VT), Chair of the Senate Judiciary Committee requested that the NIH exercise its march-in rights under the Bayh-Dole Act to promote genetic testing for BRCA mutations that are associated with a person's risk for breast and ovarian cancer. In June, the Supreme Court of the United States unanimously ruled that isolated DNA is not patentable, and immediately afterward, other companies stated they would provide BRCA testing.

170 Members of Congress Send Letter to Obama Criticizing India on Intellectual Property

On 18 June 2013, 170 Members of Congress sent a letter to President Obama criticizing India for its "intellectual property climate." In particular, the letter criticizes recent decisions in the Indian courts, including a specific attack on India's first compulsory license granted on Nexavar/sorafenib.

SCOTUS rules in 5-3 opinion that pay-for-delay settlement agreements are not immune from antitrust scrutiny

On Monday, 17 June 2013, the Supreme Court of the United States released its opinion in Federal Trade Comm'n v. Actavis (formerly captioned as FTC v. Watson Pharmaceuticals, Inc.). The decision, with a 5-3 split, found that pay-for-delay settlement agreements are unusual, raising concerns of anticompetitive behavior, and are not immune from antitrust scrutiny.

Supreme Court Unanimously Finds Isolated Human DNA is Not Patentable; cDNA patent eligible

On 13 June 2013, the long awaited opinion of the Supreme Court of the United States in the case on whether human DNA is patentable was issued and, the last line of the opinion summarizes, "We merely hold that genes and the information they encode are not patent eligible under §101 simply because they have been isolated from the surrounding genetic material."

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