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.
Trade
Michael Froman’s decision in the Apple/Samsung ITC patent dispute and the USTR trade agenda
On Saturday, August 3, 2013, USTR head Ambassador Michael B. G. Froman wrote to the Chairman of the U.S. International Trade Commission (ITC), to “disapprove the USITC’s determination to issue an exclusion order and cease and desist order” for Apple Inc. “smart phones and tablet computers that infringe a U.S. patent owned by Samsung Electronics,” in the ITC Investigation No. 337-TA-794. Continue Reading
WTO: Spotlight on the United States at the Trade Policy Review (December 2012)
On 18 December 2012 and 20 December 2012, the World Trade Organization (WTO) undertook a trade policy review of the United States of America. All members of the WTO are subject to review under the Trade Policy Review Mechanism (TPRM). The questions raised by WTO Members during the US TPR touched upon on compulsory licensing (including cases of judicial compulsory licensing following eBay v. MercExchange), copyright (Golan v. Holder), the Special 301 report and the Medicines Patent Pool. On 30 April 2013, the WTO released the records of the meeting including WT/TPR/M/275. Continue Reading
Update: WTO Trade Policy Review of Israel covers new developments on fair use, data exclusivity and parallel importation
UPDATE: On 3 December 2012, the secretariat of the World Trade Organization (WTO) released the minutes of Israel’s Trade Policy Review (WT/TPR/M/272) held on 30 October 2012 and 1 November 2012. According to the chair, Eduardo Munoz Gomez (Colombia), innovation was one of the salient points identified in the TPR noting that:
Members of Congress and Governors backing PhRMA/BIO, calling for 12 years data protection for biologic drugs in TPP
While the GOP and Democratic conventions highlight the differences between the parties, there are some bipartisan issues, and one of the biggest is taking care of corporate interests.
KEI Comments to Federal Register Notice on Mexico, Canada Joining TPPA
USTR will host two public hearings regarding the Trans-Pacific Partnership Agreement (TPPA). The first, to be held on Friday, 21 September 2012, will cover Mexico’s participation in the TPPA. The second hearing will be held on Monday, 24 September 2012, and will address Canada’s participation in the TPPA.
September 2011: Spotlight on India at the WTO Trade Policy Review
On 14 September 2011 and 16 September 2011, the World Trade Organization (WTO) undertook a trade policy review of India. All members of the WTO are subject to review under the Trade Policy Review Mechanism (TPRM). The TPRM takes place in the “Trade Policy Review Body which is actually the WTO General Council — comprising the WTO’s full membership — operating under special rules and procedures” (Source: WTO, Trade Policy Reviews: Brief Introduction). Continue Reading
DG-Enterprise – data exclusivity prevents access to life saving drugs (in the EU), even in an emergency situation
On February 20, 2006, Martin Terberger, the Head of Unit for Pharmaceuticals in the European Commission Directorate-General for Enterprise and Industry, wrote to Greg Perry of the European Generic medicines Association (EGA). The letter was a follow-up to an inquiry from the EGA regarding “the question of data exclusivity under the European pharmaceutical legislation,” in cases where a government overrode the exclusive rights of a patent and granted a compulsory license, and/or in a case of a medical emergency.
WTO disputes- Intellectual property dimensions of the Boeing case (WT/DS353)
“Roma locuta causa finita est” (Rome has spoken, therefore the case has been decided) was the maxim employed by medieval jurists to describe the absolute irrevocability of papal judgements in canon law. Today, in modern international trade law, the World Trade Organization’s (WTO) Appellate Body fulfills a similar function as the international trading system’s “Supreme Court”. In the words of the WTO,
[t]he Appellate Body was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). Continue ReadingUSTR’s 2012 Special 301 Report, focuses on largest developing country markets, and Canada
The 2012 USTR Special 301 Report was published on April 30, 2012. The report details USTR’s unilateral standards for the granting and enforcement for a diverse set of intellectual property rights, and singles out countries that USTR claims do not… Continue Reading