WTO disputes- Intellectual property dimensions of the Boeing case (WT/DS353)
“Roma locuta causa finita est” (Rome has spoken, therefore the case has been decided) was the maxim employed by medieval jurists to describe the absolute irrevocability of papal judgements in canon law. Today, in modern international trade law, the World Trade Organization’s (WTO) Appellate Body fulfills a similar function as the international trading system’s “Supreme Court”. In the words of the WTO,
[t]he Appellate Body was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). Continue ReadingMore notes on the USTR 2012 Special 301 List
The USTR’s 2012 Special 301 list was published on April 30, 2012. Below are some comments about certain portions of the Special 301 Report that concern access to knowledge and access to medicines.
USTR cites the “TEAM” approach to access to medicines
Continue ReadingUSTR’s 2012 Special 301 Report, focuses on largest developing country markets, and Canada
The 2012 USTR Special 301 Report was published on April 30, 2012. The report details USTR’s unilateral standards for the granting and enforcement for a diverse set of intellectual property rights, and singles out countries that USTR claims do not… Continue Reading
Senator Harkin (D-IA) sends letter to President Obama supporting a WIPO treaty for the visually impaired
On Friday, March 30, 2012, Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee sent a letter to President Obama supporting an international treaty for persons who are visually impaired or have other disabilities. The letter urges the Obama administration to achieve several goals in such a treaty, including robust minimum standards that do not diminish the rights provided for under U.S. Continue Reading
1 KEI Comments to USPTO on Genetic Diagnostic Testing
In response to a Federal Register notice seeking comments on genetic diagnostic testing, KEI submitted comments detailing several proposals with respect to patents on diagnostic technologies and also included notes regarding our position in the American Molecular Pathology v. Myriad Genetics litigation. In addition to the questions listed in Federal Register notice, we recommended that the USPTO address two additional questions:
Annotated Bibliography of Articles and Books on Innovation Prizes
This annotated bibliography of (mostly scholarly and technical) articles and books on innovation prizes is a work on progress. In the past few years, there has been an explosion of research on innovation inducement prizes, much of which has yet to be added to this list. People who want to suggest citations, annotations or corrections can send a note to james.love@keionline.org. More on prizes here: /prizes
2012
KEI Notes From the Eleventh Round of TPPA negotiations in Melbourne, Australia
The eleventh round of negotiations for the Trans-Pacific Partnership Agreement (TPPA) took place in Melbourne, Australia from 1-9 March 2012. Stakeholders were given the opportunity to present at the stakeholder platform on 4 March, attend a reception on 6 March and the stakeholder briefing on 7 March.
CCIA proposes alternative text for TPPA, but proposals do not address many problems in the text
The Computer & Communications Industry Association (CCIA) recently made proposals for what it considers to be necessary “to make the Internet work” in the Trans-Pacific Partnership Agreement. The proposals put forth either as additions or alternatives to some of what the US has tabled are, in general, a step in the right direction as they seek to improve copyright exceptions and limit liability. Continue Reading
ACTA: US Intervention on IP Enforcement Trends at WTO Council for TRIPS (28 February 2012)
These are the interventions delivered by the United States of America on 28 February 2012 during WTO Council for TRIPS discussions on ACTA under “IP Enforcement Trends”.
N. IP ENFORCEMENT TRENDS[U.S. First Intervention]
• We appreciate this opportunity to discuss enforcement of IP rights, and hopefully to dispel some misperceptions about IP enforcement in general and the ACTA in particular.
• Effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally.
28 Feb 2012: Intervention delivered by India at WTO TRIPS Council on IP Enforcement Trends noting concerns with ACTA and TPPA
This intervention was delivered by India at today’s WTO Council for TRIPS during discussions of agenda item “N” on IP Enforcement Trends. The statement raises India’s concerns with plurilateral agreements like ACTA and TPPA and their potential impacts on public health, international exhaustion, border measures and digital goods and internet freedom.
