WIPO study on Anti-Competitive Enforcement of Intellectual Property Rights (Sham Litigation)

Lucia Helena Salgado, from Coordinator of Regulatory and Market Studies, institute of Research on Applied Economics (IPEA) is presenting her study on Anti-Competitive Enforcement of Intellectual Property Rights (Sham Litigation) at the 7th session of the WIPO Advisory Committee on Enforcement.

The report can be found here:

http://wipo.int/export/sites/www/meetings/en/2011/wipo_ip_ge_11/docs/study.pdf

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WTO TRIPS Council: India raises concerns on ACTA and TPPA on discussion of “Trends in the Enforcement of IPRs”

On 25 October 2011, India delivered the following intervention at the WTO TRIPS Council raising concerns on ACTA and the TPPA during discussions of “Trends in the Enforcement of Intellectual Property Rights”. On ACTA, India voiced concerns on the scope of ACTA’s civil enforcement measures, border measures potential role in the seizure of generic medicines, third party liability, damages and also raised systemic issues such as how WTO MFN obligations would affect WTO members who are not ACTA parties,

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WTO TRIPS Council: India questions the United States on eBay v. MercExchange precedent as alternative to Paragraph 6 mechanism

On 25 October 2011, the WTO TRIPS Council held its annual review of the Paragraph 6 System. The following are extracts from the intervention of India. Note that under “Any alternatives to the use of Paragraph 6 System to achieve the objective of access to medicines” India asked the United States to shed light on state practice in the US following the US Supreme Court’s eBay versus MercExchange ruling (/content/view/174/1). Continue Reading

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KEI comments on the ITPC Letter to the Medicines Patent Pool Foundation and UNITAID

The following excerpts are from an exchange of messages on ip-health about a recent recent petition regarding the patent pool that has been posted to several public health email lists. Among the leaders in the petition are apparently ITPC and the New York based I-MAK. ITPC has a long history of advocating for the interests of persons living with HIV, and I-MAK has for many years sought to overcome patent barriers for access to medicines. A copy of the petition is here http://www.petitionbuzz.com/petitions/mppunitaid.

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What the 2001 Doha Declaration Changed

As the UN meets to discuss non-communicable diseases, one area of controversy is the effort by White House trade officials and the European Commissioner for Trade to block any mention in a Political Declaration of the November 14, 2001 WTO Doha Declaration on TRIPS and Public Health.

This note explains why the Doha Declaration was important, and what USTR and DG-Trade are trying to do in the NCD resolution. I will start with a very quick history of the events that led to the 2001 WTO resolution.

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