The negotiators have finally released, for the first time, TPP text, which is on the web here.
Despite assurances from the contrary by Australia and USTR, intellectual property is a covered asset subject to Investor State Dispute Settlement (ISDS):
Article 9.1: Definitions
For the purposes of this Chapter:
. . .
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On 9 October 2015, Wikileaks released the final text of the IP chapter in the Trans-Pacific Partnership. Jamie Love provided comments via twitter.
https://twitter.com/jamie_love
Updated: 9 October 2015
(In the order posted)
This is a video by Zack Struver about Senator Bernie Sander’s proposal to expand Veterans access to patented medical inventions. The video discusses both the proposal by Senator Sanders to give the U.S. Department of Veterans Affairs the authority to use compulsory licenses on patents on medical inventions, including drugs, and the history of “government use” provisions in current U.S. statutes, including 28 U.S.C. 1498, which Sanders proposes modifying.
This is a video by Zack Struver about Senator Bernie Sander’s proposal to expand Veterans access to patented medical inventions. The video discusses both the proposal by Senator Sanders to give the U.S. Department of Veterans Affairs the authority to… Continue Reading
28 July 2015
WIPO Standing Committee on the Law of Patents (SCP)
Written Statement of Knowledge Ecology International on Patents and Health
As the Trans-Pacific Partnership (TPP) is currently reported to be in the final stages of negotiation, it is both appropriate and urgent that this Committee is addressing the topic of patents and health.
On Wednesday, July 22, 2015, the Senate Veterans Committee held a mark-up to consider several bills. During the mark-up, Senator Sanders offered an amendment, attached below, that would create a compulsory license mechanism in the Department of Veterans Affairs, for patents on medical inventions. (See amendment text below). The motivation for the amendment was a crisis in the VA involving access to drugs for the hepatitis C virus (HCV).
KEI’s release of TPP Intellectual Property Chapter – May 11, 2015 Draft Link to full text of the IP Chapter: /tpp/11may2015-ip-text 2015:2 KEI TPP Briefing Note: The Evolution of the Article on Patents/Patentable Subject Matter in the Trans-Pacific Partnership Intellectual… Continue Reading
Selected KEI blogs and letters on provisions in ACTA, TPP and other trade agreements on copyright damages and access to orphan works. 2009 June 15, 2009, James Love, Damages, Injunctions and Transparency Key Issues in ACTA Negotiations. Available at /blogs/2009/06/15/thoughts-acta-negotiations… Continue Reading
On 6 July 2015 and 8 July 2015, the World Trade Organization (WTO) conducted a trade policy review of the European Union. All members of the WTO are subject to review under the Trade Policy Review Mechanism (TPRM). As noted by the WTO secretariat, the “basis for the review is a report by the WTO Secretariat and a report by the Government of the European Union” (Source: Trade Policy Review – European Union, July 2015).
At the February 24, 2015 USTR hearing on Special 301, KEI asked to provide supplemental comments on R&D for the record, and KEI was separately asked by USTR to provide comments on online pharmacies, and by DHHS to comment on the relationship between emergencies and compulsory licensing. (The KEI page on Special 301 is here: /ustr/special301).