Knowledge Ecology International

On November 28, 2013, I wrote a blog about the problems in using the World Bank’s definition of high income, in the specifc context of a proposal by the United States to use this as a measure of which countries in the TPP should have lower standards for intellectual property rights on medical inventions. (See: https://www.keionline.org/node/1834).

Here a different metric is presented, based upon relative incomes, benchmarked against the five highest income countries in the TPP with a population of more than 1 million persons.

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In a December 2, 2013 letter, Senator Orrin Hatch wrote to USTR’s Michael Froman, suggesting TPP exclude any countries that do not meet “high levels of ambition.” According to Hatch, these high ambitions include agreeing to 12 years of exclusive rights for IPR in biologic drug test data, and the elimination of barriers to cross border data flows (a privacy issue). A copy of the Hatch letter is attached below.

The timing of the Hatch letter is designed to pressure countries meeting in Singapore on December 7-10 in the TPP negotiation, on these two contentious issues.

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I missed this news earlier. Here is a report from IP-Watch:

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The World Health Organization (WHO) is convening a Global Technical Consultative Meeting of Experts on Identification of Health Research & Development Demonstration Projects from 3-5 December 2013. Continue Reading →

The United States has proposed that some (but no means all) IPR obligations involving medicines be modified for countries with incomes below the amount the World Bank defines as “high.” The threshold to be considered a high income country was $12,616 in per capita income for 2012, and is adjusted every year. In contrast, the US per capita income was $50,124 in 2012. (More data here)

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Introduction

This note looks at the TPP, ACTA and TRIPS provisions on injunctions, and finds the TPP text unclear, as regards the possibility of exceptions to the obligation to make injunctions available in cases in of infringements. We have asked USTR and USPTO to clarify this issue.

Discussion

The TRIPS text on injunctions reads as follows:

Section 2: civil and administrative procedures and remedies
Article 44 – Injunctions.

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This is the short briefing note that KEI is sending to TPP negotiators, on the issue of regulatory test data, which is currently a monopoly without space for exceptions, in the TPP text:

Exceptions to rights in regulatory test data

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