Intellectual Property

Statutes mentioned in 35 USC 210 of the Bayh-Dole Act

When the Bayh-Dole Act was passed in 1980, it included a provision that identified 21 statutes over which the Act would take precedence. I have reordered them according to dates they appear to have been enacted, and provided some details of the referenced statutes.

35 U.S.C. 210 Precedence of chapter.

KEI, ICDRI, AHEAD, NYBIDA and Lighthouse file comments on WIPO treaty for reading disabilities

Today five groups filed the attached comments to the U.S. Copyright Office and the USPTO regarding the WIPO draft proposal to facilitate access to copyrighted works for persons, who are blind, have visual impairments and other reading disabilities in response to the Federal Register Notice of October 13, 2009.

The comments were signed by

  • Dr. Manon Ress, Knowledge Ecology International (KEI)

USTR Ron Kirk's September 30, 2009 Speech on Intellectual Property

USTR head Ambassador Ron Kirk made another speech on intellectual property on September 30, 2009. The text of his speech is here. Below are a few relevant quotes.

On access to medicine:

KEI statement on adoption of Eshoo/Barton amendment

In a roll call vote, the Eshoo/Barton amendment passed by a vote of 47 to 11. A number of consumer groups are issuing statements. This is the KEI statement on the vote.

James Love, Director Knowledge Ecology International (KEI),
(+1) (202) 361-3040,

ACTA and changes in global norms for damages and injunctions (for enforcement of intellectual property)

The Obama Administration, with the support of a Democrat-controlled U.S. Congress, is insisting the Anti-Counterfeiting Trade Agreement (ACTA) negotiations be conducted in secret. We know, from documents obtained in Europe and the summaries released in April 2009, that the draft ACTA has sections that deal with both injunctions and damages. We don’t have the current text.

Broken promise by President Obama on parallel trade in pharmaceuticals

As candidates, almost all democrats have promised voters, in several elections, they will support parallel trade in pharmaceuticals from Canada and other high income countries. As elected officials, nothing happens. President Obama already has authority to permit imports of medicines, if he wanted to exercise it. But not only is the White House not fullfillinbg the promise to allow imports, it has promised the CEO of PhRMA and several big companies that they won’t allow parallel trade in the health reform bill.

Margaret Chan on “new initiatives, and new incentive schemes”

At the WIPO Conference on Intellectual Property and Public Policy Issues today, Margaret Chan, the Director General of the World Health Organization, made the following speech at WIPO’s Conference on Intellectual Property and Public Policy Issues on the topic of “Strengthening Multilateral Cooperation on IP and Public Health” where she shared the limelight with Pascal Lamy, Director General of the World Trade Organ

Jan 12-13, 2009. Patents, Copyrights and Knowledge Governance, the next four years

TransAtlantic Consumer Dialogue, Washington, DC.

The TACD conference on Patents, Copyrights and Knowledge Governance: the next fours years is going to be held on January 12-13th, 2009 in Washington, DC.

Venue: Carnegie Institution of Washington • 1530 P Street NW • Washington, DC 20005

The event is free and is now open for registrations on the TACD website:

The Health Impact Fund and product monopolies

KEI will later issue a more detailed comment on the Health Impact Fund. One of the key issues that will be addressed is the way that Hollis and Pogge propose turning the prize fund proposals that are based upon open licensing of patents into something that reinforces the monopoly supply chain.

We understand that one motivation for doing this was to attract support from some large pharmaceutical companies, and the European governments that protect them.

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