IPAB hearing on the Nexavar compulsory license, part 1, R&D costs

On January 16, the India Intellectual Property Appeals Board (IPAB) began a hearing on the merits of Bayer’s appeal of India’s first compulsory license.

The outcome of this trial, which focuses on the cancer drug Nexavar, is a matter of first impression for the IPAB, and is expected to set precedents on a wide range of issues, including the permissible grounds for granting compulsory licenses, the relationship between the India patent law and the TRIPS Agreement, and the setting of terms and conditions for the compulsory license, including the royalty rates.

Continue Reading

KEI notes on USPTO roundtable on genetic diagnostic testing

On Thursday, 10 January 2013, USPTO held a roundtable on genetic diagnostic testing. This roundtable followed up on the public hearing hosted by USPTO nearly a year ago (and the written comments submitted). The purpose of the public hearings last year was so that USPTO could gather information and viewpoints in advance of the report it was directed to write at the behest of Congress in the America Invents Act. Continue Reading

Uncategorized

USTR holds NGO briefing on TPP negotiations

Today, January 10, 2013, USTR held a remarkably uninformative briefing on the negotiations for the Trans Pacific Partnership (TPP) agreement for non-industry NGOs. Barbara Weisel (below center), the chief USTR negotiator for the TPP, led the briefing, accompanied by two persons from the public engagement offices.

Continue Reading

Uncategorized

KEI statement on the J&J darunavir announcement

In a press release, Johnson and Johnson “announced their intention not to enforce the patents they own and control on the antiretroviral (ARV) drug darunavir provided the darunavir product is medically acceptable and is used only in resource-limited settings,” which J&J defines as the 48 UN defined Least Developed Countries plus any other country in sub-Saharan Africa. This is the KEI statement on the J&J darunavir announcement.

Continue Reading

Uncategorized

KEI files amicus brief in case on international patent exhaustion

On Tuesday, 27 November 2012, KEI filed an amicus brief to the Supreme Court of the United States in the case Ninestar Technology Co., et. al. v. International Trade Commission, et. al., supporting the Petitioners’ petition for writ of certiorari (essentially asking the Supreme Court to agree to hear the case). This case involves the application of the patent exhaustion doctrine (also known as the first sale doctrine), specifically whether the United States applies a system of international exhaustion of rights or national exhaustion of rights. Continue Reading

Uncategorized

WTO TRIPS Council (November 2012): Intervention of the United States on the review of the Paragraph 6 system

On 6 November 2012, the United States delivered the following intervention under agenda item F, “Review under Paragraph 8 of the Decision on the Implementation of Paragraph 8 of the Doha Declaration on the TRIPS Agreement and Public Health”.

F. REVIEW UNDER PARAGRAPH 8 OF THE DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH

• Thank you, Mr. Chairman, and the Secretariat, for the report on the status of notifications of acceptance of the 2005 Protocol Amending the TRIPS Agreement.

Continue Reading

Uncategorized

Update: WTO Trade Policy Review of Israel covers new developments on fair use, data exclusivity and parallel importation

UPDATE: On 3 December 2012, the secretariat of the World Trade Organization (WTO) released the minutes of Israel’s Trade Policy Review (WT/TPR/M/272) held on 30 October 2012 and 1 November 2012. According to the chair, Eduardo Munoz Gomez (Colombia), innovation was one of the salient points identified in the TPR noting that:

Continue Reading

© 2026 Knowledge Ecology International. All rights reserved.
Hiero by aThemes
tpp_briefing_ustr_20130110_104030_900x338.png