Month: March 2011

The WIPO “Stakeholder Platform,” an endeavor by rightholder organizations that came about in response to the proposal of the World Blind Union Treaty, seeks to engage in voluntary agreements and licensing deals to make works accessible to the visually impaired. Although the “Stakeholder Platform” appears to be a positive measure on its face, these voluntary agreements may actually impair, rather enhance, the ability of the blind to gain access to books and other works. Continue Reading →

According to stories in the German and French press (links below), Tilman Lueder will be leaving his position as the head of union for copyright for the European Commission, for a new EC job in China. [The FT confirms Tilman is leaving, but suggests he will have a different assignment]. Tilman will reportedly be replaced by Maria Martin-Prat. Continue Reading →

USTR has rejected a KEI FOIA request for a Congressional Research Service study of ACTA that was done for Senate Ron Wyden. Senator Wyden shared the report with USTR. USTR acknowledges that it has possession of the document, but asserts it does not have control. Public Citizen has agreed to represent KEI in an appeal of the decision. Our administrative appeal was filed today.

March 23, 2011

FOIA Appeals Committee
Office of the Untied States Trade Representative
1724 F Street NW
Washington, DC 20508

Re: Freedom of Information Act Appeal

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On March 22, 2011, the British Medical Journal (BMJ) published the following guest editorial about the EU/India Free Trade Agreement negotiations.
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The following groups and individuals have written to Anand Grover, the Special Rapporteur for the United Nations on the right of everyone to the enjoyment of the highest attainable standard of health, to lodge a complaint about the Trans Pacific Partnership (TPP). The TPP is a regional free trade agreement being negotiated by the governments of Brunei, Chile, New Zealand, Singapore, Australia, Malaysia, Peru, Vietnam and the United States.

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(Following discussions with Ed Silverman of Pharmalot, this blog was updated at 12 pm on March 22, to add some suggestions as to how to reform the Orphan Drug Act).

This note concerns an increase in the price of hydroxyprogesterone caproate, from $10 to $20 per dose to $1,500 per dose. (Several injections are needed). Long used off label to prevent premature births, the drug will be sold by KV Pharmaceuticals, under a newly granted right under a statutory monopoly, at 150 times the price of the generic product using the trade name Makena.

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April 2011 ushers in a busy period for the World Health Organization. Continue Reading →

Francisco SOSA WAGNER, a Member of the European Parliament (MEP) from Spain, has submitted a question to the European Commission on the WIPO negotiations for a treaty for persons who are blind or have other disabilities.

David Hammerstein has provided the following translation into English:
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The recently obtained US draft text for the intellectual property rights chapter for the Trans-Pacific Partnership Agreement (TPP) contains provisions that go far beyond the requirements of international agreements as well as the standards of US law itself. One particular area of concern involves the broad definition of patent eligible subject matter that fails to provide for any exception from patentability for surgical methods or procedures. Nor does the draft language contain any exception for the enforcement of surgical method patents. Continue Reading →