PhRMA’s submission (7 February 2014, USTR-2013-0040) to USTR’s 2014 Special 301 Review requested USTR to have “Brazil remain on the Priority Watch List for the 2014 Special 301 Report” expressing concerns over Brazilian patentability standards, regulatory data protection, patent term adjustment for mailbox patents and government price controls and taxation. Continue Reading
The Biotechnology Industry Organization (BIO) submission (7 February 2014, USTR-2013-0040) to USTR’s 2014 Special 301 Review requested USTR to place Brazil on the Priority Watch List.
Brazil
The National Association of Manufacturers’s (NAM) submission (7 February 2014, USTR-2013-0040) to USTR’s 2014 Special 301 Review expressed concerns with aspects of Brazilian IPR policy including patent backlogs, ANVISA’s role in reviewing patents for pharmaceuticals, protection of test data for pharmaceuticals and Brazil’s role in WIPO advancing the use of compulsory licensing and requesting WIPO to develop a manual on the use of exceptions and limitations to the rights conferred by patents.
The U.S. Chamber of Commerce’s (Global Intellectual Property Center) submission (7 February 2014, USTR-2013-0040) to USTR’s 2014 Special 301 expressed concerns with aspects of Brazilian IP policy which included the role of ANVISA in the granting of patents, patentability criteria, test data protection, compulsory licensing and local content requirements for cable television.
Brian Arthur Pomper is a partner at the law firm of Akin Gump.
Mr. Pomper formerly served as chief international trade counsel to Senate Finance Committee Chairman Max Baucus (D-MT). In that role, he was responsible for advising Chairman Baucus and other members of the Senate Finance Committee on all aspects of the Committee’s international trade and economic agenda.
The Intellectual Property Owners Association’s (IPO) submission (7 February 2014, USTR-2013-0040) to USTR’s 2014 Special 301 Review expressed the following concerns with South Africa’s draft National IPR Policy. These comments are quite similar (but not identical) the the NFTC comments on South Africa.
South Africa
The U.S. Chamber of Commerce’s (Global Intellectual Property Center) submission (7 February 2014, USTR-2013-0040) to USTR’s 2014 Special 301 expressed the following concerns with South Africa’s draft National Policy on Intellectual Property. The Chamber’s concerns include proposed changes in patentability guidelines and the possible introduction of a robust compulsory licensing framework. The Chamber requested USTR to push South Africa to adopt a “modern term of protection for copyright” (life plus 70).
South Africa
Patents
The National Foreign Trade Council (NFTC) submission (7 February 2014, USTR-2013-0040) to USTR’s 2014 Special 301 Review expressed the following concerns with South Africa’s draft National IPR Policy.
South Africa
The Alliance for Fair Trade with India (AFTI) was created in June 2013, to lobby for “increased action to address the erosion of intellectual property rights (“IPR”) in India.” According to the group, it is “comprised of organizations representing a range of U.S. industries adversely impacted by India’s troubling and frequently discriminatory policies, including manufacturing, agriculture, telecommunications, pharmaceuticals and beyond.”
The U.S. Chamber of Commerce’s (Global Intellectual Property Center) submission (7 February 2014, USTR-2013-0040) to USTR’s 2014 Special 301 Review requests USTR classify India as a Priority Foreign Country specifically citing concerns over compulsory licensing. The submission noted that India… Continue Reading