Canada’s Intervention to TRIPS Council: Experience using the System (Apotex-Rwanda Case)

On Wednesday, 27 October 2010, Canada delivered the three interventions to the WTO TRIPS Council related to the review of the Paragraph 6 system. The first intervention below details the Canadian experience using the Paragraph 6 system in the case of Apotex and Rwanda.

CANADA Intervention: (1) Experience using the System (Apotex-Rwanda Case)

As we recall, the 2003 WTO Decision on TRIPS and Public Health was an intensely negotiated decision that garnered unanimous support from all WTO Members.

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Brazilian intervention at TRIPS Council: ACTA

The following statement was delivered by Brazil at this week’s TRIPS Council.

TRIPS Enforcement Trends/ACTA – TRIPS Council – Intervention by Brazil

According to press releases circulated in the first week of this month, the negotiating process of ACTA is virtually concluded.

A few points only would still remain open and those points would not prevent a final agreement from being reached soon, according to statements released by authorities from the countries participating in the ACTA negotiations.

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USTR positions in China WTO TRIPS dispute at odds with talking points on ACTA flexibility

Use of Article 1.1 of the TRIPS in the US/China WTO dispute over the enforcement of intellectual property rights

USTR claims that Article 1.2.1 of ACTA provides the flexibility to overlook inconsistencies between US law and ACTA. Below is the text from both Article 1.2.1 of ACTA, and Article 1.1 of TRIPS:

ACTA ARTICLE 1.2: NATURE AND SCOPE OF OBLIGATIONS
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Michèle Rivasi asks question about ACTA and Access to Medicine

225px-michel-rivasi.jpg Michèle Rivasi, a Member of the European Parliament, representing South East France for The Greens, has asked the European Commission: “Given the possible impacts of the inclusion of patents the agreement on access to medicines and on innovation, would the Commission consider accepting the exclusion of patents from the agreement as proposed by a number of ACTA negotiating parties?” The full text of her question follows:

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USTR’s implausible claim that ACTA Article 1.2 is an all purpose loophole, and the ramifications if true

The October 2010 version of the ACTA text is inconsistent with several areas of U.S. law, and proposals for new laws in the areas of the reform of patent damages and access to orphaned copyrighted works. In particular, the obligations in the ACTA text do not incorporate many of the areas of limitations and exceptions to remedies found in U.S. law, and in the statutes of some other countries.

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WIPO releases program for ‘Global Meeting on Emerging Copyright Licensing Modalities’

In advance of the 21st session of the WIPO Standing Committee on Copyright and Related Rights (SCCR 21), WIPO is holding a Global Meeting on Emerging Copyright Licensing Modalities on 4-5 November 2010 in Geneva which endeavors to facilitate ‘Access to Culture in the Digital Age’. The program for this Global Meeting can be found here: http://www.wipo.int/meetings/en/2010/wipo_cr_lic_ge_10/program.html.

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