thiru's blog

Posner's dismissals of the patent infringement suits in Apple versus Motorola cites eBay and compulsory licensing

Judge Posner On 22 June 2012, Judge Richard Posner, dismissed with prejudice the patent infringement suits filed in Apple Inc. and NEXT Software, Inc. v Motorola, Inc. and Motorola Mobility, Inc. in the United States District Court for the Northern District of Illinois (Eastern Division). In this case, the judge cited the eBay decision noting that neither party was entitled to injunctive relief as neither party demonstrated that "damages would not be an adequate remedy".

WIPO text-based negotiations on an instrument to protect traditional cultural expressions (9 July 2012-13 July 2012)

The World Intellectual Property Organization (WIPO) is convening the 22nd session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore from 9 July 2012-13 July 2012. The 22nd session will deliberate over draft articles relating to the protection of traditional cultural expressions contained in document (WIPO/GRTKF/IC/22/4). These discussions are guided by the mandate of the Fortieth Session of the WIPO General Assembly which states:

AUD $2 million Australia-WIPO MOU targets TIGAR, neglected diseases, developing IP systems and technology transfer

On 15 June 2012, the World Intellectual Property Organization and the Australian Permanent Mission to the World Trade Organization signed an agreement and released a joint communiqué "detailing how an AUD$2 million Australian contribution would assist least-developed and developing countries improve their intellectual property systems".

Update: Global Fund responds to Report on William Steiger

The Global Fund just sent an email, which says that "your website which inaccurately reports that Mr Steiger will run VPP." Here is the Global Fund email:

From: Andrew Hurst
Date: June 20, 2012 5:36:49 PM GMT+02:00
To: Thirukumaran Balasubramaniam
Subject: RE: Question on the Global Fund's Voluntary Pooled Procurement?

Dear Thiru

Further to our conversation this week, here is our statement:

Statement by Ecuador at June 2012 WTO TRIPS Council on copyright limitations and exceptions

This statement was delivered by Ecuador on 5 June 2012 at the WTO TRIPS Council on copyright limitations and exceptions.

CONSEJO DE LOS ADPIC
5-6 DE JUNIO DE 2012
PUNTO L. DE LA AGENDA
INTERVENCIÓN DEL ECUADOR

Señor Presidente,

El Ecuador da la bienvenida a la iniciativa organizada por Brasil y Estados Unidos con respecto al punto L. sobre las limitaciones y excepciones a los derechos de autor en el marco de las negociaciones en curso en la OMPI.

Intervention of Chile to the TRIPS Council on Copyright Limitations and Exceptions

This statement was delivered by Chile on 5 June 2012 at the WTO TRIPS Council on copyright limitations and exceptions.

AGENDA L COPYRIGHT LIMITATIONS AND EXCEPTIONS

Statement by Brazil at June 2012 WTO TRIPS Council on the state of play of WIPO negotiations on a Treaty for the Blind

This was the statement delivered by Brazil on 5 June 2012 at the WTO Council for TRIPS under Agenda Item L-Copyright Limitations and Exceptions: Ongoing Negotiations At WIPO-Briefing By Brazil and the United States.

The following is the Brazilian intervention.

Last April, the President of Brazil, Dilma Rousseff, visited the United States.

5 June 2012: India's statement at WTO TRIPS Council: Exchange of information on securing supply chains against counterfeit goods

On 5 June 2012, India delivered the following intervention at the WTO Council for TRIPS on agenda item K, "Exchange of information on securing supply chains against counterfeit goods".

Intervention on Agenda Item K

(WHO donors) Gates Foundation, US, UK, Canada, Rotary Int., Norway and GAVI: Setting the agenda for global public health?

In preparation for the 65th World Health Assembly, held in Geneva from 21 May 2012 to 26 May 2012, the World Health Organization (WHO) prepared a document (A65/29 Add. 1, 5 April 2012) entitled "Voluntary contributions by fund and by donor for the financial period 2010-2011.

Agenda of TRIPS Council meeting (5-6 June 2012): Information exchange on counterfeits, WIPO negotiations on copyright L&Es

The following WTO airgram WTO/AIR/3943/REV.1 (23 May 2012) contains the agenda for the upcoming WTO Council for TRIPS meeting to be held in Geneva from Tuesday, 5 June 2012 to Wednesday, 6 June 2012. The airgram notes that the United States has made a written request for an agenda item on the "exchange of information on securing supply chains against counterfeit goods" (agenda item K). Brazil and the United States made a joint request for an additional agenda item (L) on "copyright limitations and exceptions: ongoing negotiations at WIPO-Briefing by Brazil and the United States".

Intervention of Chile at WIPO's Standing Committee on the Law of Patents: Patents and Health

On Wednesday, 23 May 2012, Chile delivered the following statement on patents and health at the 18th session of the WIPO Standing Committee on the Law of Patents (SCP). In particular, Chile made a strong case for the WIPO SCP to study existing flexibilities in the international patent system.

Kenyan resolution to the 65th World Health Assembly: WHO Convention on Research and Development Financing and Coordination

During the week of 14 May 2012, the Republic of Kenya submitted a resolution to the 65th session of the World Health Assembly entitled, "WHO Convention on Research and Development Financing and Coordination". The resolution will be published by the World Health Organization (WHO) as a conference paper for discussion in Committee A under agenda item 13.14 Consultative Expert Working Group on Research and Development: Financing and Coordination. It is expected that this agenda item on the CEWG will be brought forward for early discussion at the Assembly.

Key WIPO committee on patents to discuss patents and health, exceptions and limitations to patent rights and opposition systems

The World Intellectual Property Organization (WIPO) will convene the 18th session of the WIPO Standing Committee on the Law of Patents (SCP) from 21 May 2012 to 25 May 2012 (during the same week as the 65th session of the World Health Assembly). The agenda of the SCP is reproduced below.

WTO disputes- Intellectual property dimensions of the Boeing case (WT/DS353)

"Roma locuta causa finita est" (Rome has spoken, therefore the case has been decided) was the maxim employed by medieval jurists to describe the absolute irrevocability of papal judgements in canon law. Today, in modern international trade law, the World Trade Organization's (WTO) Appellate Body fulfills a similar function as the international trading system's "Supreme Court". In the words of the WTO,

[t]he Appellate Body was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).

Views on the Report of the WHO Consultative Expert Working Group on Research and Development (CEWG)

On Thursday, 5 April 2012, the World Health Organization released the report of the Report of the Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG) entitled "Research and Development to Meet Health Needs in Developing Countries: Strengthening Global Financing and Coordination".

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