Month: November 2015

Updated. The TPP E-Commerce chapter has a provision banning requirements to transfer or provide access to software source code. This applies to “mass market software.”

Article 14.17: Source Code
1. No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory.
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The whole TPP text.

CHAPTER 8, TECHNICAL BARRIERS TO TRADE.

ANNEX 8-C: PHARMACEUTICALS

7bis. Each Party shall make its determination on whether to grant marketing authorisation for a specific pharmaceutical product on the basis of:

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This is from one of the 26 chapters that was never leaked before.

CHAPTER 8 TECHNICAL BARRIERS TO TRADE, ANNEX 8-C: PHARMACEUTICALS, Annex 8-E: Medical Devices (Page 25)

ANNEX 8-C: PHARMACEUTICALS

7bis. Each Party shall make its determination on whether to grant marketing authorisation for a specific pharmaceutical product on the basis of:

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Here is my presentation at the VII Seminary Internacional Sobre Sociedade Da Informacao E Propriedade intelectual organized by Professor Marcos Wachowicz, Universidade Do Parana and Professor Jose Augusto Fontoura Costa, Universidade De Sao Paulo. Participants –all experts in copyrights– were from Spain, Portugal and Brazil and the discussions were lively and informative. Great copyright event in Curitiba, Brazil. Continue Reading →

The negotiators have finally released, for the first time, TPP text, which is on the web here.

Despite assurances from the contrary by Australia and USTR, intellectual property is a covered asset subject to Investor State Dispute Settlement (ISDS):

Article 9.1: Definitions

For the purposes of this Chapter:
. . .
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UPDATED:
Here is a link to the recording of the seminar. Please see Bhaven’s slideshow for more detail and explanation.


Original
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My presentation at IX CODAIP, Curitiba, Brazil, on Copyright norms in treaties & trade agreements – what possibly can go wrong?.
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For Immediate Release
3 November 2015
Contact: Zack Struver, +1 (202) 332-2670 or zack.struver@keionline.org

Geneva — The World Trade Organization is poised to announce this Friday its approval of a limited 17-year extension of a 2001 waiver of obligations in the TRIPS Agreement, set to expire at the end of this year, the terms of which exempt Least Developed Countries (LDCs) from requirements to grant patents or related intellectual property rights on pharmaceutical products.

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