Author: James Love

Attached is a PDF file with my testimony this morning for the United States International Trade Commission (USITC) hearing on
“Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedure”, 2016 Report. Inv. No.: 332­555 November 17, 2015

Manon Ress also provided testimony at this hearing, for the Union for Affordable Cancer Treatment (UACT). A copy of her testimony is available here.
Continue Reading →

This is the tentative witness list for the November 17, 2015 United States International Trade Commission (USITC) hearing on “Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedure, 2016 Report. Inv. No.: 332-555”

The August 4, 2015 USITC notice about the hearing is here.

Continue Reading →

Continue Reading →

JOINT NGO STATEMENT
TRIPS Council Decision On Extension of the Transition Period Concerning Pharmaceutical Products

(PDF copy available here)

Today (6th November), the WTO-TRIPS Council adopted a decision granting Least Developed Countries (LDCs) an exemption from patents and test data protection for pharmaceutical products for a duration of 17 years.

Continue Reading →

Updated. The TPP E-Commerce chapter has a provision banning requirements to transfer or provide access to software source code. This applies to “mass market software.”

Article 14.17: Source Code
1. No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory.
Continue Reading →

The whole TPP text.

CHAPTER 8, TECHNICAL BARRIERS TO TRADE.

ANNEX 8-C: PHARMACEUTICALS

7bis. Each Party shall make its determination on whether to grant marketing authorisation for a specific pharmaceutical product on the basis of:

Continue Reading →

This is from one of the 26 chapters that was never leaked before.

CHAPTER 8 TECHNICAL BARRIERS TO TRADE, ANNEX 8-C: PHARMACEUTICALS, Annex 8-E: Medical Devices (Page 25)

ANNEX 8-C: PHARMACEUTICALS

7bis. Each Party shall make its determination on whether to grant marketing authorisation for a specific pharmaceutical product on the basis of:

Continue Reading →

The negotiators have finally released, for the first time, TPP text, which is on the web here.

Despite assurances from the contrary by Australia and USTR, intellectual property is a covered asset subject to Investor State Dispute Settlement (ISDS):

Article 9.1: Definitions

For the purposes of this Chapter:
. . .
Continue Reading →

My presentation at IX CODAIP, Curitiba, Brazil, on Copyright norms in treaties & trade agreements – what possibly can go wrong?.
Continue Reading →

As candidates consider parallel trade in pharmaceutical drugs, a practice blocked by Obama during his presidency, here is how common it is in Europe, where it is regulated and mainstream, as reported in the EFPIA publication, the Pharmaceutical Industry in Figures. Key data, 2015.

Continue Reading →