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 comment on US signing of ACTA

Today USTR was pointing to four documents to explain the U.S. decision to sign the Anti-Counterfeiting Trade Agreement. While it was not surprising that the United States signed the agreement, KEI was disappointed that the statements did not address the issue of the inconsistencies between US law and the ACTA, or make any commitments that the ACTA Committee would operate in an open, transparent and inclusive manner.

These are the USTR documents:

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The Johnson & Johnson Acuvue Compulsory License

In April of 2010, District Judge Timothy J. Corrigan (M.D Florida, Jacksonville division) declined to grant a permanent injunction following a finding that the Johnson & Johnson’s ACUVUE®OASYS contact lens product infringed patents owned by CIBA Vision Corporation, providing another example of, in effect, a judicial compulsory license following the 2006 eBay v. MercExchange case; the judge wrote:

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Senator Wyden releases redacted version of October 29, 2010 CRS report on ACTA

On April 26, 2011, Senator Wyden released a redacted version of the Congressional Research Service (CRS) report on ACTA that has been the subject to an ongoing Freedom of Information ACT (FOIA) dispute with USTR.

(More context here, here and here).

This is a link to the report that USTR claimed they could not release because of restrictions on its use by Senator Wyden.

/wp-content/uploads/RedactedACTACRSMemotoSenWyden.pdf

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US Congress is not bound by ACTA, according to White House answers to Senate Finance on ACTA and TPP negotiations

Ambassador Ron Kirk holds the office of United States Trade Representative (USTR) in the White House. On March 9, 2011, he testified before the US Senate Finance Committee on the 2011 Trade Agenda. Several members of the Committee provided follow up questions, and Ambassador Kirk has answered them. A full copy of the responses are available here:

/wp-content/uploads/RonKirk_SFC_9Mar2011.pdf

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