On Monday, 17 June 2013, the Supreme Court of the United States released its opinion in Federal Trade Comm’n v. Actavis (formerly captioned as FTC v. Watson Pharmaceuticals, Inc.). The decision, with a 5-3 split, found that pay-for-delay settlement agreements are unusual, raising concerns of anticompetitive behavior, and are not immune from antitrust scrutiny. Continue Reading
On 13 June 2013, Ambassador Eileen Donahoe delivered the following intervention on resolution L.10/Rev.1 on Access to medicines in the context of the right of everyone to the enjoyment of physical and mental health explaining why the United States called for a vote on this resolution and would abstain.
Explanation of vote, on the resolution entitled “Access to medicines in the context of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.”Supreme Court Unanimously Finds Isolated Human DNA is Not Patentable; cDNA patent eligible
On 13 June 2013, the long awaited opinion of the Supreme Court of the United States in the case on whether human DNA is patentable was issued and, the last line of the opinion summarizes, “We merely hold that genes and the information they encode are not patent eligible under §101 simply because they have been isolated from the surrounding genetic material.”
Continue ReadingHuman Rights Council: Intervention of Brazil on resolution on access to medicines in the context of the right to health
On Thursday, 13 June 2013, at the Twenty-third session of the Human Rights Council in Geneva, Brazil delivered the following intervention introducing draft resolution L.10/Rev.1 on Access to medicines in the context of the right of everyone to the enjoyment of physical and mental health on behalf of India, Brazil, South Africa (IBSA), Egypt, Indonesia, Senegal and Thailand and 27 original cosponsors including Gabon, on behalf of the 54 countries of the African Group.
Mr. President,US Chamber letter to USPTO opposes fair use, expresses “concerns” about WIPO treaty for blind
Obama administration blocking consensus at Human Rights Council on access to medicines resolution
In their introduction to Realizing the Right to Health, Andrew Clapham and Mary Robinson provide the following anecdote.
The run up to the 2008 election in the United States focused at one point on the nature of health care in America. During the second presidential debate, the candidates were asked the following question: “Is health care in America a privilege, a right, or a responsibility?” Senator Obama (as he then was) replied as follows:WTO TRIPS Council: Intervention of India on Intellectual Property, Climate Change and Development (June 2013)
On 27 February 2013, Ecuador submitted a paper (IP/C/W/585) to the World Trade Organization’s (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS Council) titled “Contribution of Intellectual Property to Facilitating the Transfer of Environmentally Rational Technology“. This subject was placed under agenda item 11 at the June TRIPS Council’s meeting under the heading of “Intellectual Property, Climate Change and Development”.
Four Department of State cables on Thailand, for Special 301 Review (Years 2009 to 2011)
The following are four US Department of State cables discussing the status of Thailand as regards the USTR Special 301 review. KEI recently received the cables from the US Department of State in response to an earlier FOIA request.
KEI comment on WTO decision to extend TRIPS deadline for LDCs to July 1, 2021
The WTO TRIPS Council has just approved an extension of TRIPS Obligations for Least Developed Countries until July 1, 2021, a new eight year extension. The new extension comes with some restrictions, but provides more freedom than the previous extension, which had a widely criticized and now eliminated “no rollback” clause. The decision stops well short of what the LDCs had proposed.
KEI Statement in Support of the Unlocking Technology Act (H.R. 1892)
Statement of Knowledge Ecology International in Support of the Unlocking Technology Act (H.R. 1892)
June 9, 2013The bipartisan Unlocking Technology Act (H.R. 1892), introduced by Representative Lofgren (D-CA) and co-sponsored by Representatives DeFazio (D-OR), Eshoo (D-CA), Holt (D-NJ), Massie (R-KY), and Polis (D-CO) takes the welcome step of scaling back the overprotection of “digital locks” and promoting consumer choice and competition.
