Month: October 2012
US department of Commerce heavily redacts FOIA request regarding Thailand compulsory license
What type of leverage has the Obama Administration used to pressure Thailand to prevent the granting of compulsory licenses on drug patents? The US Department of Commerce has just released a FOIA request with 298 pages of documents on this topic. 136 pages of the FOIA are for a Fall 2010 masters theses by Stephanie Tranchevent Rosenberg (pages 36 to 171 of the FOIA). Continue Reading
Statement of KEI to the 2012 WIPO General Assembly: Agenda item 26: Report on the work of the SCCR
4 October 2012
Agenda item 26: Report on the Work of the Standing Committee on Copyright and Related Rights (SCCR)
Statement of Knowledge Ecology International
WIPO General Assembly 2012
WIPO GA, notes from October 3, 2012
This morning, under agenda item 6, the WIPO General Assemblies decided to defer a decision until 2013 on the application for accreditation by Pirate Parties International. I was told that the US, Switzerland the France raised objections in the informal consultations, and that some other European countries wanted to raise objections, but found it awkward given the recent success of domestic Pirate Parties in national elections. The USA said it asked for a hold on the decision until WIPO could decide if it wanted to accept political parties as WIPO observers. Continue Reading
General Statement of Chile to the WIPO General Assembly 2012 (calling for WIPO to conclude a Treaty for VIPs)
Fernando Schmidt, Subsecretario de Relaciones Exteriores de Chile (Vice-Minister of External Relations, Chile), delivered the following general statement on 1 October 2012. Chile acknowledged that while a favorable environment in WIPO proved conducive to the successful passage of the Beijing Treaty on Audiovisual Performances, major challenges remained. Of great import was the convening of a diplomatic conference in 2013 to conclude a Treaty for the Blind which would be a milestone in the multilateral intellectual property system. Continue Reading
General Statement of Development Agenda Group to WIPO General Assemblies (delivered by Brazil)
The general statement of the Development Agenda Group (DAG) was delivered by H.E. Ambassador Roberto Azevêdo (Brazil) on 1 October 2012.
On the pressing issue of a treaty for copyright exceptions for the blind, the Development Agenda Group noted that,
General Statement of India to the WIPO General Assembly 2012 (raises concerns on public health and green technology)
The following statement was delivered by Shri Saurabh Chandra, Secretary, Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, New Delhi on Monday, 1 October 2012 at the WIPO General Assembly.
In her statement, India stressed that intellectual property norms must not create “monopoly situations which may hinder competition and access to technology”.
More on the 3-step test in global copyright negotiations
This is an elaboration on the 3-step test in multilateral agreements. The 1996 WCT Copyright treaty has bad language on the 3-step test, but the WCT is not now part of the TRIPS agreement, and is only subject to dispute resolution via trade agreements outside of the WTO, like the TPPA.
If the WCT is referenced under the general provisions to the TPPA, you also get the 3-step test in the TPPA, subject, however, to the agreed upon statement regarding Article 10, which is helpful.