Blogs

SCCR28: Chair’s Conclusions (No recommendations on broadcasting or limitations and exceptions for libraries and archives)

At 12:50 AM on 5 July 2014, the World Intellectual Property Organization's (WIPO) 28th Standing Committee on Copyright and Related Rights concluded without reaching agreement on recommendations to the WIPO General Assembly on the following two topics: 1) Protection of Broadcasting Organizations and 2) Limitations and exceptions: libraries and archives.

Gilead in 2013: AbbVie sought to eliminate competition and dominate market for HCV drugs

I had not seen this lawsuit filed by Gilead against AbbVie and Abbott before. It is an interesting read. According to Gilead:

Abbott executives and “inventors” conspired and carried out the initial steps of the company’s scheme by filing serial fraudulent patent applications asserting that Abbott had invented methods of treating HCV using PSI-7977 as well as the Gilead Combination (as well as thousands of combinations of Abbott’s other competitors’ HCV compounds). The first of these applications is dated October 21, 2011.

KEI asks FTC to investigate Shire decision to abandon efforts to compete in US market for Fabry’s disease treatments

July 15, 2014

Knowledge Ecology International (KEI) asks the FTC to investigate Shire decision to abandon efforts to compete in US market for Fabry’s disease treatments. Letter to FTC provides evidence of possible conspiracy to segment markets, involving licensing of an NIH funded invention for use in Europe, in return for abandoning efforts to enter US market.

For More Information:

James Love, Knowledge Ecology International
Email: james.love@keionline.org
Tel +1.202.332.2670
Cell +1.202.361.3040

New UK Parliamentary report on Global TB urges the United Kingdom to explore a WTO Agreement on the Provision of Public Goods

On 8 July 2014, the United Kingdom of Great Britain and Northern Ireland's All-Party Parliamentary Group on Global Tuberculosis (APPGTB) released a seminal report entitled, "Dying for a Cure: Research and Development for Global Health." The APPGTB is co-chaired by Andrew George MP (St Ives, Liberal Democrat), Rt Hon Nick Herbert MP (Arundel and South Downs, Conservative) and Virendra Sharma MP (Ealing Southall,

US Court issues compulsory license for know-how protected as trade secret

In "Compulsory License as a Remedy for Trade Secret Misappropriation, Dennis Crouch writes* about a July 1, 2014 decision in Sabatino Bianco, M.D. v. Globus Medical, 2:12-cv-00147 (E.D. Tex 2014). The decision by Judge Bryson, a U.S. Circuit Judge in the Eastern District of Texas, concerns trade secrets which:

"consisted of ideas for the design of a medical device known as an adjustable intervertebral spacer or implant. Intervertebral spacers are used in spinal surgery to replace damaged discs in patients’ spines."

Senators Wyden and Grassley launch investigation of pricing of Sovaldi, treatment for Hepatitis C Virus

Senators Wyden and Grassley have written a very tough request for documents about the pricing of Sovaldi, sent to John C. Martin, the Chair and CEO of Gilead Sciences.

The eight page letter sets out in 21 number paragraphs and countless sub-paragraphs a set requests for documents and information related to a very sweeping number of issues relating to Hepatitis C, and the pricing of Sovaldi (Gilead's brand name for sofosbuvir).

The Grassley press release on the letter is here:

28 October 2014: WTO Innovation Fair on the margins of WTO TRIPS Council review of the Paragraph 6 system

On 28 October 2014, the World Trade Organization (WTO) will host the inaugural WTO Innovation Fair which will "feature a diverse array of creators and inventors including individuals and organizations from around the globe and will serve as a platform for exchange of information, introduction of new technologies and advancing the understanding of the innovation lifecycle – from research and development, to financing and commercialization." (Source: Website of the Permanent Mission

IGC28: African Group Statement on Convening a Diplomatic Conference for the Protection of Genetic Resources, TK and folklore

On 9 July 2014, Kenya, on behalf of the African Group, delivered the following closing statement articulating its view that substantial progress had been made in text-based negotiations on genetic resources, traditional knowledge and folklore for the WIPO General Assembly in September 2014 to take a decision to convene a Diplomatic Conference in November 2015.

Friend of the Chair's text- Proposed IGC Work Plan for 2014-2015: The Road Ahead for Genetic Resources, TK and Folklore?

*The author thanks KEI intern (Anelise Rosa) for her comprehensive notes on the IGC deliberations.

US proposal: IGC Work Plan for 2015-Is the IGC train leaving the station?

The WIPO Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC/GRTKF) is meeting from 7 July 2014 to 9 July 2014. Pursuant to the mandate of the WIPO General Assembly decision in 2013, the Committee is pursuing text-based negotiations with the objective of reaching an agreement on a text(s) of an international legal instrument(s) which will ensure the effective protection of genetic resources, traditional knowledge and traditional cultural expressions.

Proposed Draft Conclusions regarding the Broadcasting Treaty and L&E for libraries and Archives.

Proposed Draft Conclusions regarding the Broadcasting Treaty and L&E for libraries and Archives.

At 10pm, le SCCR 28 reconvened in plenary to present the conclusions of the committee. Kenya, Brazil and India are diplomatically pushing back on nuances such as differences between "meaningful progress" or "meaningful discussions" regarding the proposed treaty for broadcasters. However, it is difficult to deny that a diplomatic conference is around the corner.

KEI statement on library exceptions at WIPO SCCR 28

These are the notes from my statement on behalf of KEI on July 3, 2014, during the WIPO SCCR 28 discussions of principles and objectives for library copyright exceptions. The WIPO discussions on July 3 focused on the four topics in the US paper, SCCR/26/8.

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I will start with comments on the statements made by the Federation of Independent Journalists, which were critical of library copyright exceptions, and authors who don't make a living directly from royalties.

All authors have used libraries. Some authors still use libraries.

TACD intervention at SCCR 28, on library copyright exceptions, objectives and principles

This was read today at SCCR 28, by Anelise Rose, who works with KEI, on behalf of TACD.

Jamie

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TACD Intervention on US paper SCCR/26/8,

On the first topic, the ADOPTION OF NATIONAL EXCEPTIONS,

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