James Love's blog

WIPO provides limited access to observe informal negotiations, but bans use of Internet social media

The WIPO Special Session negotiating the text of a new treaty on copyright exceptions for persons with disabilities is meeting from February 18 to 22. Yesterday all of the negotiations were behind closed doors, but this morning WIPO made public a copy of the revised negotiating text (available here: http://www.keionline.org/node/1651).

WIPO Special Session negotiations on treaty for blind, Feb 18th version of text

Attached below is the version of the negotiating text from February 18. It includes several new or edited footnotes.

Fn5. concerns language on translation.

Fns 6 and 9 are proposals for language that would permit a country to limit exceptions to cases where "the particular accessible format, cannot be obtained commercially under reasonable terms for beneficiary persons in that [Member State’s] market."

Fns 7 and 8 are proposals to address the delivery of an accessible work to a person in another country. These are among the more contentiousness issues this week.

IPAB hearing on the Nexavar compulsory license, part 1, R&D costs

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.

USTR holds NGO briefing on TPP negotiations

Today, January 10, 2013, USTR held a remarkably uninformative briefing on the negotiations for the Trans Pacific Partnership (TPP) agreement for non-industry NGOs. Barbara Weisel (below center), the chief USTR negotiator for the TPP, led the briefing, accompanied by two persons from the public engagement offices.

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White House refuses FIOA request for documents on country positions on transparency of ACTA negotiations

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 Statement on WIPO decision to hold June 2013 diplomatic conference for treaty on copyright exceptions for disabilities

Geneva, Tuesday, 18 December.2012

At the end of the two day WIPO Extraordinary General Assembly, Member States today agreed "to negotiate and adopt a treaty on limitations and exceptions for visually impaired persons/persons with print disabilities."

WBU, WIPO issue press releases on WIPO decision to hold diplomatic conference for WIPO treaty for blind people

Here is a link to the WIPO press release: WIPO Advances Toward Treaty to Facilitate Access to Published Works by Persons with Print Disabilities, Morocco Offers to Host Diplomatic Conference Geneva, December 18, 2012,PR/2012/727

Here is the WBU press release:

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WORLD BLIND UNION (WBU) press release 18 December 2012

Press Release – WIPO Negotiations Treaty for Blind people

WIPO member states call for treaty for blind people to be finished in 2013

Draft WIPO EGA decision, around 430pm

USA statement at WIPO Extraordinary General Assembly, wants later "final review" of negotiating text, treaty status uncertain

Right before noon at the December 17, 2012 Extraordinary General Assembly, the US read the statement below. Here are a couple of quick comments.

1. The US Statement supports a diplomatic conference, but aligns itself with the EU, calling for a later "final review" of "many outstanding issues," so only a tentative decision would be made now, and if the EU or USA is not satisfied with concessions from developing countries, they want to be able to revoke the approval for the meeting.

Google's Chrome OS

20121212_091116_500x375.jpgYesterday I received a Samsung laptop computer running Google's Chrome OS. This is the new $249 Chromebook with an SSD drive, 2 gigs of RAM, an 11.6 inch 1366 x 768 pixels screen, and the 1.7 GHz Exynos 5200 processor. The laptop weights 2.4 pounds and has a nice usable keyboard and a well implemented trackpad. There is also the option of a model with 2 years of 3G (limited) data from Verizon, for just $329.

KEI statement on the J&J darunavir announcement

In a press release, Johnson and Johnson "announced their intention not to enforce the patents they own and control on the antiretroviral (ARV) drug darunavir provided the darunavir product is medically acceptable and is used only in resource-limited settings," which J&J defines as the 48 UN defined Least Developed Countries plus any other country in sub-Saharan Africa. This is the KEI statement on the J&J darunavir announcement.

WHO negotiators propose putting off R&D treaty discussions until 2016

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.]

David Kappos' war on poor people, and his indifference to broader public interest reforms

Apparently David Kappos will be leaving the USPTO sometime early next year. Today there is much commentary from patent community giving him high marks, and I'm willing to believe there are high marks to give. But he also had some big shortcomings. Here are a few:

SCCR 25 final conclusions

Just before 8 p.m. on Friday evening, the 25th session of the WIPO's main committee for copyright policy, the Standing Committee on Copyright and Related Rights (SCCR), completed its work and adjourned.

Canada endorses treaty for copyright exceptions for print disabilities at WIPO SCCR 25

sccr25, canadaSome have written to ask what the Canada position is on the proposed WIPO treaty on copyright exceptions for persons who are blind or have other disabilities. For the first 3.5 days of the meeting, Canada did not say anything.

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