Trade

2009: Sign-on Letter – Against life + 70 year copyright term in the TPP

Posted on by James Love

This is sign-on letter — Against life + 70 year copyright term in the TPP. See end of letter for details on how to sign.

<-------------------begin letter----------- December 9, 2013 Dear TPP negotiators, In a December 7-10 meeting in Singapore you will be asked to endorse a binding obligation to grant copyright protection for 70 years after the death of an author. We urge you to reject the life + 70 year term for copyright. Continue Reading →

Michael Froman’s decision in the Apple/Samsung ITC patent dispute and the USTR trade agenda

Posted on by James Love

froman.jpgOn 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)

Posted on by Thiru

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

Posted on by Thiru

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:

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September 2011: Spotlight on India at the WTO Trade Policy Review

Posted on by Thiru

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

Posted on by James Love

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.

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WTO disputes- Intellectual property dimensions of the Boeing case (WT/DS353)

Posted on by Thiru

“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 Reading →