1 December 2015
World Intellectual Property Organization (WIPO) Standing Committee on the Law of Patents (SCP 23)
KEI Statement on Patents and Health
Thank you Madame Chair
Here is the US International Trade Commission (USITC) notice for the public hearing, public comments and Commission report on the Trans-Pacific Partnership Agreement (TPP). The deadlines and other requirements for participation may be strictly enforced. Note the ITC anticipates transmitting its report to the President and the Congress on May 18, 2016.
http://www.usitc.gov/secretary/fed_reg_notices/332/tpa_105_001_notice11172015sgl.pdf
This is the tentative witness list for the November 17, 2015 United States International Trade Commission (USITC) hearing on “Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedure, 2016 Report. Inv. No.: 332-555”
The August 4, 2015 USITC notice about the hearing is here.
Nestled at the end Intellectual Property Watch’s (IP-Watch) brilliant reportage of a US Chamber of Commerce event – “Has the Sun Set on Multilateral Rulemaking on IP?” – is a quote by Patrick Kilbride (Executive Director, U.S. Chamber of Commerce’s Global IP Center) praising the efforts of the US Patent and Trademark Office (USPTO) in WTO negotiations on the LDC waiver for pharmaceutical products.
IP-Watch reported,
Updated. The TPP E-Commerce chapter has a provision banning requirements to transfer or provide access to software source code. This applies to “mass market software.”
Article 14.17: Source Code
1. No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory.
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This is from one of the 26 chapters that was never leaked before.
CHAPTER 8 TECHNICAL BARRIERS TO TRADE, ANNEX 8-C: PHARMACEUTICALS, Annex 8-E: Medical Devices (Page 25)
ANNEX 8-C: PHARMACEUTICALS
7bis. Each Party shall make its determination on whether to grant marketing authorisation for a specific pharmaceutical product on the basis of:
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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For Immediate Release
3 November 2015
Contact: Zack Struver, +1 (202) 332-2670 or zack.struver@keionline.org
Geneva — The World Trade Organization is poised to announce this Friday its approval of a limited 17-year extension of a 2001 waiver of obligations in the TRIPS Agreement, set to expire at the end of this year, the terms of which exempt Least Developed Countries (LDCs) from requirements to grant patents or related intellectual property rights on pharmaceutical products.
As candidates consider parallel trade in pharmaceutical drugs, a practice blocked by Obama during his presidency, here is how common it is in Europe, where it is regulated and mainstream, as reported in the EFPIA publication, the Pharmaceutical Industry in Figures. Key data, 2015.
