Author: James Love
The World Bank definition of “high income” has slipped, in relative terms, compared to high income countries in general
The United States has proposed that some (but no means all) IPR obligations involving medicines be modified for countries with incomes below the amount the World Bank defines as “high.” The threshold to be considered a high income country was $12,616 in per capita income for 2012, and is adjusted every year. In contrast, the US per capita income was $50,124 in 2012. (More data here)
USTR FOIA, 127 pages of emails between industry and USTR TPP negotiators
Earlier this year, IP-Watch submitted two FOIA requests to USTR about the TPP negotiation. I am attaching two letters from USTR to IP-Watch about the FOIAs, and a file with 127 pages of emails between USTR and various industry lobbyists. (USTR provided KEI with copies of the files provdied to IP-Watch as part a separate KEI FOIA to USTR regarding communications involving the TPP).
A lot has clearly been withheld by USTR. According to USTR’s June 19, 2013 letter to IP-Watch
KEI proposal for Antibiotics Innovation Funding Mechanism (AIFM), shortlisted for demonstration project by WHO’s EURO region
The WHO is considering potential projects that will demonstrate the feasibility and benefits of open innovation models, delinkage of R&D costs and product prices, and innovative finance mechanisms. The process for selection began at the regional level, as each of six WHO regions was allowed to shortlist four projects that will be considered at a December 3-4, 2013 meeting of experts in Geneva, where the list will be narrowed again, and then considered by the WHO Executive Board in January 2014 and the WHO World Health Assembly in May 2014. Continue Reading
TPP provisions on Injunctions, are the TRIPS exceptions in or out?
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.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 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, mailto:james.love@keionline.org, 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.
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:
