On 9 December 2013, six members of Congress sent a letter to President Obama citing concerns in the TPP regarding access to health care and affordable medicines. The six members include Representatives Jan Schakowsky (D-IL), Michael Michaud (D-ME), Rosa DeLauro (D-CT), George Miller (D-CA), Barbara Lee (D-CA) and Peter Welch (D-MA). The letter primarily addresses efforts by USTR that result in greater monopoly power and delay entry of generic medicines, and how such efforts will affect state and federal budgets. Continue Reading
On December 5, 2013, Representative Zoe Lofgren (D-CA) participated in a press conference where she criticized the copyright provisions in the Trans-Pacific Partnership Agreement (TPP). In particular, she noted three specific concerns including exporting lengthy copyright term, restrictions on copyright limitations and exceptions, and locking in bad provisions on technological protection measures (TPMs). The full press release is reprinted below:
Rep. Zoe Lofgren on Emerging & Controversial Trans Pacific Partnership (TPP) Trade Treaty
The USPTO’s green paper on “Copyright Policy, Creativity and Innovation in the Digital Economy” surveys current copyright law and notes that there are several areas where reform may be welcome. In many of these areas, the USPTO green paper demonstrates an openness to discussion on these issues or support existing efforts and proposals. Despite this support in some areas for reform and despite the USPTO’s involvement in the Trans-Pacific Partnership (TPP) negotiating process, there are several areas where the United States’ position in the TPP could hinder such reform. Continue Reading
On November 13, 2013, Wikileaks obtained and published a copy of the consolidated IP negotiating chapter for the Trans-Pacific Partnership Agreement (TPP). This leak has allowed the public to learn what is in the text, including about the reported five country counterproposal to the United States’ proposal on pharmaceuticals and medicines.
I. Scope of Patentability
II. Evergreening Patents
III. Patent Trolls
IV. Presumption of Validity
VI. Exclusive Rights Over Test Data
VII. Patent Linkage
VIII. Delinkage/Positive Agenda
Table of Contents:
I. Parallel Importation
II. Copyright Terms
III. Technological Protection Measures
IV. Fair Use
V. Marrakesh Treaty
VI. Libraries, Archives and Museums
VII. Statutory Damages
VIII. Orphan Works
More than two-and-a-half years ago, the United States tabled their text for the intellectual property chapter at the Fifth Round of negotiations which took place in February 2011 in Santiago, Chile. In March 2011, that text was leaked and contained many aggressive proposals as well as some placeholder text for pharmaceuticals in other areas. Continue Reading
On Wednesday, 27 August, the 19th round of TPP negotiations held its “stakeholder engagement” day.
Chief’s briefing changed to “dialogue”
On August 23, 2013, the TPP Ministerial meeting concluded with a press briefing. Stakeholders were not allowed to attend, but according to media sources, the briefing lasted only 20 minutes and reportedly the ministers only took a handful of questions before ending the briefing. Apparently, Ambassador Froman confirmed that the October 2013 deadline was not possible, but that countries were now looking for “milestones” by October with the hope of concluding the agreement by the end of the year.
The 19th round of Trans-Pacific Partnership Agreement (TPP) began this week in Bandar Seri Begawan, Brunei. Although this round just started yesterday, it is evident that there are many differences between this round and previous rounds.