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:
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:
https://www.keionline.org/2012ritonavir
PAHO recommends 4-7 R&D projects for consideration in December WHO meeting
The IPR chapter of the 1998 US/EU treaty on scientific and technological cooperation. Time for an update?
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.
US signs Marrakesh treaty for the blind
USPTO has confirmed that on October 2, 2013, the United States has signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The U.S. signing, which was not accompanied by a press release, took place on the last day of the WIPO General Assembly, and one day after the United States government began to shut down non-essential operations as a consequence of disputes over the Affordable Care Act.
