Written by Judit Rius Sanjuan
The most important international intellectual property agreement regulating remedies for intellectual property infringement is the 1994 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement).
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Sunday, 29 April 2007
(When the shoe was on the other foot, Abbott asked for a compulsory license, while criticizing Thailand for issuing compulsory licenses)
On the 12th of January 2007, Abbott Laboratories lost a bid in a U.S. District Court (the Western District of Wisconsin) for a compulsory license on a patent held by Innogenetics, Inc. that a judge and jury said Abbott infringed to manufacture and sell Hepatitis C virus (HCV) genotyping test kits.
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KEI Research Note 2007:2 [1]
(A PDF version of this is available here.)
Recent examples of the use of compulsory
licenses on patents[1]
KEI Research Note 2007:2
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The most important negotiation in this area is Anti-Counterfeiting Trade Agreement (ACTA).
See also:
Here are links to the language adopted in the HELP committee, and the most recent version of the Eshoo/Barton proposal on biosimilars. In many areas, the Eshoo/Barton language is worse than the already bad bill adopted in the HELP committee.
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TACD has issued a resolution on copyright terms, and measures to mitigate the harm from excessive terms. The TACD Press release follows:
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On June 18, 2009, The Transatlantic Consumer Dialogue (TACD) issued a 2,000 word resolution on the enforcement of copyright, trademarks, patents and other intellectual property rights. The resolution is on the TACD web page here. A press release from the TACD IP-Working Group, with comments from several TACD members, is available on the web here.
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Congratulations on your record setting re-election as chairman of the SCCR, and for your excellent guidance this week.
With regard to the draft questionnaire, KEI suggests it be expanded to address exceptions found in Article 44 of the TRIPS, regarding alternatives to injunctions.
KEI supports the proposal by Brazil, Ecuador and Paraguay for a treaty for reading disabled persons, which is correctly inclusive in terms of disabilities covered.
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