Quick Reaction to the EU/India FTA (BTiA) Negotiating Text
On 28 March 2013, the EU-India FTA (BTiA) negotiating text was made available here. Below are some of my quick impressions on some portions of the negotiating text.
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More notes on the India EU FTA (BTIA)
Earlier KEI published sections of the the EU India Negotiating FTA/BTIA negotiating text dealing with enforcement, along with some commentary on Article 17-31: /node/1681.
On March 28, 2013, KEI obtained another document with Article 1-5,7-8,10-33 of the negotiating next. The new text is available at /node/1691
Krista Cox will be providing her impressions here: /node/1693
Here are KEI’s quick reactions to the text.
Among the provisions in the TRIPS which protect consumers are Article 7, 8 and 40.
Negotiating Text, EU/India FTA (BTIA)
This is a copy of the negotiating text for the India-EU Broad-based Trade and Investment Agreement (BTIA), also referred to as the India/EU FTA. It does not include Article 6, which I assume concerns patents, or have any text for Article 9 on Geographical Indications. The text includes country positions. We are not certain of the date of this text. KEI has some commentary at /node/1692
Consolidated draft India-EU FTA (BTIA)
IPR chapter
Art. 1 – Definition [Agreed]
Analysis of Kirtsaeng v. John Wiley & Sons (Parallel Importation Case); Supreme Court Applies International Exhaustion
Today, 19 March 2013, the Supreme Court released its opinion in Kirtsaeng v. John Wiley & Sons, a case involving the parallel importation of copyrighted works. The case involved the petitioner, Kirtsaeng, purchasing textbooks in Thailand then reselling them in the United States. The Second Circuit held in this case that the first sale doctrine did not apply to foreign made goods, applying national exhaustion principles. Continue Reading
EU-India FTA: EU pushes for IP Enforcement – IP chapter draft text under negotiation (2013)
Informed sources have provided KEI the following draft text of the IP chapter under negotiation between the European Union and India in current free trade agreement talks. KEI will provide analysis of these provisions in due course.
Pending U.S. Court Cases on Intellectual Property and Their Relation to the Trans-Pacific Partnership Agreement (TPPA)
**Updated 19 March 2013, after the Supreme Court released its opinion in Kirtsaeng ruling to permit parallel importation of copyrighted works**
EU and US push WIPO negotiations against human rights, for restrictions on exceptions
WIPO is spending five days in a special session to work on the text for a treaty on copyright exceptions for persons who are blind or have other disabilities.
KEI has obtained a copy of the latest version as of Friday morning, which is attached below.
The first four days have been consumed with highly technical but important debates of the international rules for copyright exceptions. The US and the EU are demanding that all sorts of language be put into the treaty referring to a three step test to restrict the use of exceptions.
WIPO Special Session SCCR negotiations on treaty for blind, 20 February 2013 version of the text
Attached below is the version of the negotiating text from 20 February 2013. It includes several new or edited footnotes. We expect the WIPO Special Session of the Standing Committee on Copyright and Related Rights (SCCR) to discuss the new text at the plenary which is scheduled to commence at 10, Wednesday, 21 February 2013.
Footnote 10 is placed within Article E of the draft treaty text on “Importation of Accessible Format Copies” which states
SCOTUS Oral Arguments in Bowman v. Monsanto; Court to Decide Application of Patent Exhaustion to Self-Replicating Technology
On Tuesday, 19 February 2013, the Supreme Court of the United States heard oral arguments in the case, Bowman v. Monsanto. This case involves the application of the patent exhaustion doctrine to self-replicating technology, in this case, seeds.
WIPO provides limited access to observe informal negotiations, but bans use of Internet social media
The WIPO Special Session negotiating the text of a new treaty on copyright exceptions for persons with disabilities is meeting from February 18 to 22. Yesterday all of the negotiations were behind closed doors, but this morning WIPO made public a copy of the revised negotiating text (available here: https://www.keionline.org/node/1651).