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.KEI TPP Note: Damages language in IP Chapter conflicts with US copyright law, blocks Green Paper reforms
Subject: TPP, damages, US copyright law
KEI TPP Note: IP Chapter language on damages conflicts with US copyright law, and blocks reforms being considered by the USPTO Green Paper
20 November 2013
TPP Negotiating Parties’ Counterproposal to the US on Medicines Represents a More Flexible Approach
On November 13, 2013, Wikileaks obtained and published a copy of the consolidated IP negotiating chapter for the Trans-Pacific Partnership Agreement (TPP). This leak has allowed the public to learn what is in the text, including about the reported five country counterproposal to the United States’ proposal on pharmaceuticals and medicines.
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.
NIH rejects March-In petition, also rejects proposed rules on pricing of and access to government funded inventions
In a decision dated November 1, 2013, and signed by NIH Director Francis Collins, the NIH has rejected the 2012 petition to the NIH to uses its powers under the Bayh-Dole Act to protect U.S. consumers from high prices and restrictive licensing of NIH funded inventions.
15 frequently asked questions about the 2012-2013 ritonavir March-In petition
See also: /2012ritonavir
15 frequently asked questions about the 2012 ritonavir March-In petition
Q1. What is the Bayh-Dole Act?
The Bayh-Dole Act (or University and Small Business Patent Procedures Act) was originally enacted in 1980 as Public Law 96-517, and was amended in 1984 by Public Law 98-620. Among other things, the Bayh-Dole Act was designed to facilitate the patenting of U.S. government funded inventions by universities, other non-profit entities and businesses, and also:
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 ReadingCongress asked to hold hearings on NIH failure to address abuses of government financed medical inventions
We sent this letter to the Hill today.
October 8, 2013
Dear Senators Reid and McConnell, Representatives Boehner and Pelosi,
We are writing to ask that Congress hold a hearing on the failure of the NIH to exercise its authority to protect the public from abuses in federally funded inventions.
Since the passage of the BayhDole Act in 1980, the Department of Health and Human Services (DHHS) has never granted a petition to “march in” to permit third parties to use patents invented on federally funded research in response to abuses of the patent rights.
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.
Hot Topics in the Intellectual Property Chapter of the Trans-Pacific Partnership Agreement (TPP): How Will Things Shake Out?
More than two-and-a-half years ago, the United States tabled their text for the intellectual property chapter at the Fifth Round of negotiations which took place in February 2011 in Santiago, Chile. In March 2011, that text was leaked and contained many aggressive proposals as well as some placeholder text for pharmaceuticals in other areas. Continue Reading