Author: James Love

Introduction

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.

Discussion

The TRIPS text on injunctions reads as follows:

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

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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

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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

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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:

https://www.keionline.org/2012ritonavir

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(revised October 25, 2013)

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In 1998 a treaty on R&D went into force between the United States and the European Communities. The “Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America – Intellectual property” sets out a list of cooperative activities in Article 4, and provides an appendix addressing the intellectual property rights that come from those collaborations.

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