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TPP provisions on Injunctions, are the TRIPS exceptions in or out?


This note looks at the TPP, ACTA and TRIPS provisions on injunctions, and finds the TPP text unclear, as regards the possibility of exceptions to the obligation to make injunctions available in cases in of infringements. We have asked USTR and USPTO to clarify this issue.


The TRIPS text on injunctions reads as follows:

Section 2: civil and administrative procedures and remedies
Article 44 - Injunctions.

KEI TPP Note: Exceptions for regulatory test data

This is the short briefing note that KEI is sending to TPP negotiators, on the issue of regulatory test data, which is currently a monopoly without space for exceptions, in the TPP text:

Exceptions to rights in regulatory test data

KEI TPP Note: Damages language in IP Chapter conflicts with US copyright law, blocks Green Paper reforms

Subject: TPP, damages, US copyright law

KEI TPP Note: IP Chapter language on damages conflicts with US copyright law, and blocks reforms being considered by the USPTO Green Paper

20 November 2013

KEI: WIPO should update 1976 Tunis Model Law on Copyright for Developing Countries

The twelfth session of the WIPO's Committee on Development and Intellectual Property (CDIP) is taking place from 18 November 2013 to 21 November 2013. This Committee, squeezed into just four days of discussions, has a heavy workload.

Leaked TPP Text Versus the USPTO Green Paper: Cell Phone Unlocking

The USPTO’s green paper on “Copyright Policy, Creativity and Innovation in the Digital Economy” surveys current copyright law and notes that there are several areas where reform may be welcome. In many of these areas, the USPTO green paper demonstrates an openness to discussion on these issues or support existing efforts and proposals. Despite this support in some areas for reform and despite the USPTO’s involvement in the Trans-Pacific Partnership (TPP) negotiating process, there are several areas where the United States’ position in the TPP could hinder such reform.

TPP Negotiating Parties' Counterproposal to the US on Medicines Represents a More Flexible Approach

On November 13, 2013, Wikileaks obtained and published a copy of the consolidated IP negotiating chapter for the Trans-Pacific Partnership Agreement (TPP). This leak has allowed the public to learn what is in the text, including about the reported five country counterproposal to the United States' proposal on pharmaceuticals and medicines.

KEI analysis of Wikileaks leak of TPP IPR text, from August 30, 2013

KEI Comments on the August 30, 2013 version of the TPP IP Chapter

For more information, contact James Love,, mobile +1.202.361.3040.

NIH rejects March-In petition, also rejects proposed rules on pricing of and access to government funded inventions

In a decision dated November 1, 2013, and signed by NIH Director Francis Collins, the NIH has rejected the 2012 petition to the NIH to uses its powers under the Bayh-Dole Act to protect U.S. consumers from high prices and restrictive licensing of NIH funded inventions.

GE's Thaddeus Burns wrote to US Ambassador Betty King requesting US postpone Marrakesh Diplomatic Conference

Thaddeus Burns of GE spent months trying to derail the WIPO treaty for the blind negotiations

Trans-Atlantic Business Council's May 16, 2013 letter to Robert Hormats opposing Marrakesh treaty for the blind

The letter opposing the treaty for the blind was signed by TABC Director General Tim Bennett

We just ran across this mean spirited letter by the Trans-Atlantic Business Council (TABC), a group that describes itself as follows:

NIH March-In request, now more than year old

The October 25, 2012 NIH March-In Request for ritonavir is now more than one year old, and the NIH has not decided to grant a hearing or reject the petition.

More information about the March-In request is available here:

NGOs, academics evaluate four USTR negotiators in TPP IPR negotiations

KEI has asked 21 persons following the TPP IPR negotiations, what they thought of four of the USTR negotiators, including:

  • Ambassador and USTR head Michael Froman,
  • TPP Chief negotiator Barbara Weisel
  • Assistant USTR for Intellectual Property and Innovation Stanford McCoy, and
  • Deputy Assistant USTR for Intellectual Property and Innovation Probir Mehta.

Are Nike, IOC and European football leagues scoring new IPR at the WTO?

At the request of the European Union, Jamaica, Mexico and the United States of America, the topic of "Intellectual Property and Sports" was placed for discussion at the World Trade Organization's (WTO) October 2013 session of the Council for TRIPS (TRIPS Council).

15 frequently asked questions about the 2012-2013 ritonavir March-In petition

See also:

15 frequently asked questions about the 2012 ritonavir March-In petition

Q1. What is the Bayh-Dole Act?

The Bayh-Dole Act (or University and Small Business Patent Procedures Act) was originally enacted in 1980 as Public Law 96-517, and was amended in 1984 by Public Law 98-620. Among other things, the Bayh-Dole Act was designed to facilitate the patenting of U.S. government funded inventions by universities, other non-profit entities and businesses, and also:

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