Blogs

WTO TRIPS Council (June 2014): EU on the contribution of IP to facilitate the transfer of environmentally rational technology

On Wednesday, 11 June 2014, the European Union delivered the following statement on the "Contribution of IP to facilitate the transfer of environmentally rational technology technology.'

EU intervention under point 11. Of the TRIPS Council Agenda
"Contribution of IP to facilitate the transfer of environmentally rational technology"

TTIP: Anti-Transparency Rules laid out in USTR letter to DG-Trade

KEI has obtained the terms of reference (TOR) for the confidentiality of the negotiating texts of the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The TOR are laid out in a two-page letter from US Chief Negotiator Dan Mullaney to EU Chief Negotiator Ignacio Garcia-Bercero which is available here. The letter was obtained through a FOIA request filed by KEI with the USTR on May 19, 2014.

WTO TRIPS Council (June 2014) - India's intervention on Intellectual Property and Innovation: Innovation Incubators

On Wednesday, 11 June 2014, India delivered a statement at the WTO TRIPS Council on"Intellectual Property and Innovation: Innovation Incubators"; Chinese Taipei (WTO speak for Taiwan) and the United States proposed this agenda item.

We thank the delegations of the United States and Chinese Taipei for tabling an agenda item on "Intellectual Property and Innovation: Innovation Incubators " which we understand is a standalone item.

WIPO: Africa Group Statement on the Formal Integration of PPH system to PCT

WIPO's Patent Cooperation Treaty (PCT) Working Group is meeting from 10 June 2014 to 13 June 2014. Among the hot topics of discussion is a paper tabled by the United Kingdom and the United States on Formal Integration of the Patent Prosecution Highway into the PCT. The basic ask of the UK/US proposal (PCT/WG/7/21) is to amend the regulations of WIPO's PCT Regulations and Administrative Instructions to formally integrate the Patent Prosecution Highway (PPH) into the PCT system.

WTO TRIPS Council (June 2014): USTR submission on Non-Violation Complaints Under the TRIPS Agreement

On 10 June 2014, the United States tabled a paper (IP/C/W/599) to the World Trade Organization's (WTO) TRIPS Council on "Non-Violation Complaints Under the TRIPS Agreement." This paper is expected to be discussed at the TRIPS Council today (11 June 2014) under agenda item 7 on "Non-Violation and Situation Complaints."

As previously mentioned in our February 2014 piece,

World Health Assembly (WHA 67) agrees to create pooled R&D fund, endorses delinkage of R&D costs from product prices

Today the World Health Assembly (WHA) reached consensus on a "decision", WHA67(15), regarding the Consultative Expert Working Group (CEWG) on Research and Development.

WHA67: Statement of South Africa on behalf of the African Region on Access to Essential Medicines

On Friday, 23 May 2014, the World Health Assembly is currently discussing access to essential medicines in the context of resolution EB134.R16, tabled China in January 2014. The following statement was delivered by South Africa on behalf of the 47 members of the African region. South Africa highlighted the point that "vaccines and anti-cancer drugs remain out of reach of millions of people in both developed and developing countries."

KEI Notes on TTIP 5th Round: How to engage in a dialogue without access to the text?

Wednesday, at the George Mason University Law Campus in Arlington, VA, the Office of the US Trade Representative hosted an all day Stakeholder Forum in conjunction with the fifth negotiating round of the Transatlantic Trade and Investment Partnership. The first part of the day was devoted to Stakeholder Policy Presentations, with several hours of presentations by a variety of industry, academics, trade associations, and public interest groups. The latter part of the day consisted of a briefing by the US Chief Negotiator Dan Mullaney and the EU Chief Negotiator Ignacio Garcia-Bercero.

67th WHA Side Event on Innovation and Access for Middle-Income Countries, Wednesday 21 May 2014

This Wednesday 21 May 2014, Knowledge Ecology International (KEI), Civil Society Coalition, Medecins Sans Frontieres (MSF), Oxfam, Health Action International (HAI) and Treatment Action Group (TAG) will host a side event at the WHA on, "Innovation and Access to Medicines and Vaccines: Emerging Challenges and Opportunities for Middle-Income Countries."

Call for Action on Cancer Drugs by YP-CDN, KEI, and UAEM at 67th World Health Assembly

At the opening of the 67th World Health Assembly, today the Young Professionals Chronic Disease Network (YP-CDN), Knowledge Ecology International (KEI), and Universities Allied for Essential Medicines (UAEM) released a briefing, "Cancer medicines are essential in reducing the global burden of non-communicable diseases."

WIPO fails to reach agreement to convene a Diplomatic Conference for adoption of the Design Law Treaty

On Thursday, 8 May 2014, the General Assembly of the World Intellectual Property Organization (WIPO) appointed Francis Gurry as Director General for a second term. This second term would run from 1 October 2014 to 30 September 2020.

The General Assembly also addressed the following topic: "Consideration of the Convening of a Diplomatic Conference for the Adoption of a Design Law Treaty." At the close of business on Friday, 9 May 2014, the General Assembly could not reach consensus on convening a Diplomatic Conference on concluding the Design Law Treaty.

SCCR27: Chair's Conclusions

At 12:56 AM on 3 May 2014, WIPO's Copyright Committee, (SCCR27) could not reach agreement on the future work on "Limitations and exceptions: libraries and archives." The main point of contention was "text-based work" which the European Union sought to excise from the text. Consequently, the Committee was at an impasse in developing an appropriate international legal instrument (in whatever form) on copyright exceptions and limitations for libraries and archives (whether model law, joint recommendation, treaty and/or other forms).

Is Resale Right on the Work Program for SCCR? Maybe.

May 2, 2014, during "other matters" to be discussed at the WIPO SCCR, some observers and delegates were a little surprised by the number of delegations who spoke in favor of adding "resale Rights" to the agenda of next SCCR sessions. However, some of the observers and delegates were not at all surprised having observed this week the diligent work of a CISAC representative with various key delegates.

SCCR 27 Difficult Discussion re Orphan Works & Author Right to Withdraw Work from Circulation

ORPHAN WORKS, RETRACTED AND WITHDRAWN WORKS, AND WORKS OUT OF COMMERCE
May 1, 2014 SCCR TOPIC 7

The discussion regarding orphan works included the rather difficult and political topic of moral rights and the right to withdraw a work from circulation. Can a library reproduce and make available a work that the author wants withdrawn from the public?

For example the Africa group had proposed:

Right to Access Retracted and Withdrawn Works

Governments Interventions on Limitation of Liability for Libraries (some may surprise you)

SCCR 27 May 1, 2014 Limitation of liability for libraries and archives
Michelle Woods for the WIPO SECRETARIAT provided the SCCR with this very useful summary of the various proposals on the table:

This topic is on limitations of liability of libraries and archives. There is also actually a proposal to make that limitations on liability "for" instead of "of" libraries and archives, reflected in the text.

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