TPP provisions on Injunctions, are the TRIPS exceptions in or out?
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.Leaked TPP Text Versus the USPTO Green Paper: Cell Phone Unlocking
The USPTO’s green paper on “Copyright Policy, Creativity and Innovation in the Digital Economy” surveys current copyright law and notes that there are several areas where reform may be welcome. In many of these areas, the USPTO green paper demonstrates an openness to discussion on these issues or support existing efforts and proposals. Despite this support in some areas for reform and despite the USPTO’s involvement in the Trans-Pacific Partnership (TPP) negotiating process, there are several areas where the United States’ position in the TPP could hinder such reform. Continue Reading
KEI analysis of Wikileaks leak of TPP IPR text, from August 30, 2013
KEI Comments on the August 30, 2013 version of the TPP IP Chapter
For more information, contact James Love, mailto:james.love@keionline.org, mobile +1.202.361.3040.
GE’s Thaddeus Burns wrote to US Ambassador Betty King requesting US postpone Marrakesh Diplomatic Conference
Thaddeus Burns of GE spent months trying to derail the WIPO treaty for the blind negotiations Trans-Atlantic Business Council’s May 16, 2013 letter to Robert Hormats opposing Marrakesh treaty for the blind
The letter opposing the treaty for the blind was signed by TABC Director General Tim Bennett We just ran across this mean spirited letter by the Trans-Atlantic Business Council (TABC), a group that describes itself as follows:
Are Nike, IOC and European football leagues scoring new IPR at the WTO?
At the request of the European Union, Jamaica, Mexico and the United States of America, the topic of “Intellectual Property and Sports” was placed for discussion at the World Trade Organization’s (WTO) October 2013 session of the Council for TRIPS (TRIPS Council).
Evolving Patent Issues and the Trans-Pacific Partnership Agreement (TPP)
Introduction
I. Scope of Patentability
II. Evergreening Patents
III. Patent Trolls
IV. Presumption of Validity
V. Injunctions
VI. Exclusive Rights Over Test Data
VII. Patent Linkage
VIII. Delinkage/Positive Agenda
ConclusionIntroduction
Continue ReadingEPO and OHIM publish misleading report on intellectual property rights intensive industries in EU economy
In 2012 the US Patent and Trademark Office (USPTO) published a study titled “Intellectual Property and the U.S. Economy: Industries in Focus” which estimated the number of jobs if various “IP intensive” industries. The study was immediately panned by critics for its broad definitions — grocery stores were the top “ip intensive industry” in the United States, but it became a source of go-to-statistics for every PhRMA and publisher lobby group pushing new privileges and subsidies. (Commentary here: /node/1432)
Broadcasting & Webcasting is Back on Track at WIPO
The webcast of WIPO General Assemblies taking place this week (September 23 to October 2, 2013) in Geneva, Switzerland is now available on demand. The Standing Committee on Copyright and Related Rights (SCCR) work program starts at minute 33 of the morning session of Thursday September 26 (first video of the day). It is all about broadcasting & webcasting and whether or not the casting treaty is ready or not ready for prime time, it seems to be moving quite fast to the top of the agenda of the SCCR.
KEI opening statement at WIPO General Assembly
Delivered September 24, 2013, during NGO statements on agenda Item 5.
Thank you for the opportunity to speak today.
As regards the Marrakesh treaty, KEI offers its sincere and profound thanks to Secretary Francis Gurry, Ambassador Trevor Clarke, Michelle Woods and Geidy Lung and others members of the WIPO staff for their dedication to a successful conclusion to this difficult negotiation.
