Following our filing of a march-in petition with the NIH, seeking a rule that government funded inventions be no more expensive in the United States than in other high income countries, I was asked about the extent of federal funding of patented inventions.
On October 25, 2012, the American Medical Students Association (AMSA), Knowledge Ecology International (KEI), U.S. Continue Reading
After three days, the WIPO intersessional negotiations on copyright exceptions for persons with disabilities adjourned. On July 26, 2012, the SCCR negotiating text (SCCR 24/9) was 26 pages long, with 4051 words, and included 56 brackets, and 20 alternatives. The Final document on Friday (copy here) evening was 26 pages, with 47 brackets, and 22 alternatives.
The October 18 version of the text is available, here. From the October 17 version, the number of brackets as gone from 65 to 61. The number of alternatives has increased from 24 to 26. Both numbers are higher than the July 26 version of the text, which had 56 brackets and 23 alternatives.
In recent and current negotiations over copyright norms, the U.S., the European Union and some other high income countries have asked for provisions in the agreement that limit copyright limitations and exceptions to some type of “three-step-test.”
What type of leverage has the Obama Administration used to pressure Thailand to prevent the granting of compulsory licenses on drug patents? The US Department of Commerce has just released a FOIA request with 298 pages of documents on this topic. 136 pages of the FOIA are for a Fall 2010 masters theses by Stephanie Tranchevent Rosenberg (pages 36 to 171 of the FOIA). Continue Reading
This morning, under agenda item 6, the WIPO General Assemblies decided to defer a decision until 2013 on the application for accreditation by Pirate Parties International. I was told that the US, Switzerland the France raised objections in the informal consultations, and that some other European countries wanted to raise objections, but found it awkward given the recent success of domestic Pirate Parties in national elections. The USA said it asked for a hold on the decision until WIPO could decide if it wanted to accept political parties as WIPO observers. Continue Reading
This is an elaboration on the 3-step test in multilateral agreements. The 1996 WCT Copyright treaty has bad language on the 3-step test, but the WCT is not now part of the TRIPS agreement, and is only subject to dispute resolution via trade agreements outside of the WTO, like the TPPA.
If the WCT is referenced under the general provisions to the TPPA, you also get the 3-step test in the TPPA, subject, however, to the agreed upon statement regarding Article 10, which is helpful.
