Rep. Zoe Lofgren (D-CA) Criticizes Copyright Provisions in Trans-Pacific Partnership Agreement (TPP)
On December 5, 2013, Representative Zoe Lofgren (D-CA) participated in a press conference where she criticized the copyright provisions in the Trans-Pacific Partnership Agreement (TPP). In particular, she noted three specific concerns including exporting lengthy copyright term, restrictions on copyright limitations and exceptions, and locking in bad provisions on technological protection measures (TPMs). The full press release is reprinted below:
Rep. Zoe Lofgren on Emerging & Controversial Trans Pacific Partnership (TPP) Trade TreatyRich, and not rich, in the TPP, as regards certain IPR obligations involving medical technologies
On November 28, 2013, I wrote a blog about the problems in using the World Bank’s definition of high income, in the specifc context of a proposal by the United States to use this as a measure of which countries in the TPP should have lower standards for intellectual property rights on medical inventions. (See: https://www.keionline.org/node/1834).
Here a different metric is presented, based upon relative incomes, benchmarked against the five highest income countries in the TPP with a population of more than 1 million persons.
2009: Sign-on Letter – Against life + 70 year copyright term in the TPP
This is sign-on letter — Against life + 70 year copyright term in the TPP. See end of letter for details on how to sign.
<-------------------begin letter----------- December 9, 2013 Dear TPP negotiators, In a December 7-10 meeting in Singapore you will be asked to endorse a binding obligation to grant copyright protection for 70 years after the death of an author. We urge you to reject the life + 70 year term for copyright. Continue Reading
The World Bank definition of “high income” has slipped, in relative terms, compared to high income countries in general
The United States has proposed that some (but no means all) IPR obligations involving medicines be modified for countries with incomes below the amount the World Bank defines as “high.” The threshold to be considered a high income country was $12,616 in per capita income for 2012, and is adjusted every year. In contrast, the US per capita income was $50,124 in 2012. (More data here)
TPP provisions on Injunctions, are the TRIPS exceptions in or out?
Introduction
This note looks at the TPP, ACTA and TRIPS provisions on injunctions, and finds the TPP text unclear, as regards the possibility of exceptions to the obligation to make injunctions available in cases in of infringements. We have asked USTR and USPTO to clarify this issue.
Discussion
The TRIPS text on injunctions reads as follows:
Section 2: civil and administrative procedures and remedies
Article 44 – Injunctions.TPP Negotiating Parties’ Counterproposal to the US on Medicines Represents a More Flexible Approach
On November 13, 2013, Wikileaks obtained and published a copy of the consolidated IP negotiating chapter for the Trans-Pacific Partnership Agreement (TPP). This leak has allowed the public to learn what is in the text, including about the reported five country counterproposal to the United States’ proposal on pharmaceuticals and medicines.
KEI analysis of Wikileaks leak of TPP IPR text, from August 30, 2013
KEI Comments on the August 30, 2013 version of the TPP IP Chapter
For more information, contact James Love, mailto:james.love@keionline.org, mobile +1.202.361.3040.
GE’s Thaddeus Burns wrote to US Ambassador Betty King requesting US postpone Marrakesh Diplomatic Conference
Thaddeus Burns of GE spent months trying to derail the WIPO treaty for the blind negotiations Are Nike, IOC and European football leagues scoring new IPR at the WTO?
At the request of the European Union, Jamaica, Mexico and the United States of America, the topic of “Intellectual Property and Sports” was placed for discussion at the World Trade Organization’s (WTO) October 2013 session of the Council for TRIPS (TRIPS Council).
Evolving Patent Issues and the Trans-Pacific Partnership Agreement (TPP)
Introduction
I. Scope of Patentability
II. Evergreening Patents
III. Patent Trolls
IV. Presumption of Validity
V. Injunctions
VI. Exclusive Rights Over Test Data
VII. Patent Linkage
VIII. Delinkage/Positive Agenda
ConclusionIntroduction
Continue Reading
