WTO TRIPS Council (November 2012): Intervention of the United States on the review of the Paragraph 6 system
On 6 November 2012, the United States delivered the following intervention under agenda item F, “Review under Paragraph 8 of the Decision on the Implementation of Paragraph 8 of the Doha Declaration on the TRIPS Agreement and Public Health”.
F. REVIEW UNDER PARAGRAPH 8 OF THE DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH• Thank you, Mr. Chairman, and the Secretariat, for the report on the status of notifications of acceptance of the 2005 Protocol Amending the TRIPS Agreement.
WTO TRIPS Council (November 2012): Intervention of the United States on Intellectual Property and Innovation
On 7 November 2012, the United States of America delivered the following intervention under agenda item M, “Intellectual Property and Innovation”.
M. INTELLECTUAL PROPERTY AND INNOVATION• Thank you, Mr. Chair.
• The United States is pleased to join with Brazil in sponsoring this item on the agenda.
How did markets respond to Romney’s temporary surge in polling data?
How did the market respond to Romney’s temporary surge in polling data? And which sectors of the economy expect to do better if Romney is elected? For the companies included in a survey, the share prices for all large banks and large health insurance and managed care providers rose when Romney’s poll numbers unexpectedly surged, while prices for the companies in the telecommunications and technology sectors declined.
Update: WTO Trade Policy Review of Israel covers new developments on fair use, data exclusivity and parallel importation
UPDATE: On 3 December 2012, the secretariat of the World Trade Organization (WTO) released the minutes of Israel’s Trade Policy Review (WT/TPR/M/272) held on 30 October 2012 and 1 November 2012. According to the chair, Eduardo Munoz Gomez (Colombia), innovation was one of the salient points identified in the TPR noting that:
Supreme Court Hears Oral Arguments in First Sale Doctrine Case (Kirtsaeng v. John Wiley & Sons)
On Monday, 29 October 2012, the Supreme Court of the United States heard oral arguments in the first-sale doctrine case, Kirtsaeng v. John Wiley & Sons. This case involved the petitioner, Kirtsaeng, purchasing lawfully made copies of the books from Thailand and reselling these books in the United States. John Wiley & Sons asserted, and the Second Circuit agreed, that the first sale doctrine applies only to copies manufactured in the United States and does not apply to foreign made goods. Continue Reading
October 19 WIPO negotiations on copyright exceptions for disabilities
After three days, the WIPO intersessional negotiations on copyright exceptions for persons with disabilities adjourned. On July 26, 2012, the SCCR negotiating text (SCCR 24/9) was 26 pages long, with 4051 words, and included 56 brackets, and 20 alternatives. The Final document on Friday (copy here) evening was 26 pages, with 47 brackets, and 22 alternatives.
WIPO negotiations on copyright exceptions for disabilities, October 18, 2012
The October 18 version of the text is available, here. From the October 17 version, the number of brackets as gone from 65 to 61. The number of alternatives has increased from 24 to 26. Both numbers are higher than the July 26 version of the text, which had 56 brackets and 23 alternatives.
WIPO SCCR meets on copyright exceptions for disabilities: 17 October 2012
Three-Step test in copyright negotiations
In recent and current negotiations over copyright norms, the U.S., the European Union and some other high income countries have asked for provisions in the agreement that limit copyright limitations and exceptions to some type of “three-step-test.”
WIPO GA 2012 calls upon the SCT to expedite work on a Design Law Treaty
After lengthy informal negotiations on 7 October 2012, the plenary of the WIPO General Assembly (GA) 2012 resumed after 18:00 to present the consensus language on the decision point concerning agenda item 28 (ii) on the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT). In particular, the GA agreed to expedite the work of the basic proposals for a Design Law Treaty. In 2013, the GA would “take stock of and consider the text, progress made, and decide on convening a diplomatic conference”. Continue Reading