The following statement was delivered by Shri Saurabh Chandra, Secretary, Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, New Delhi on Monday, 1 October 2012 at the WIPO General Assembly.
In her statement, India stressed that intellectual property norms must not create “monopoly situations which may hinder competition and access to technology”.
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This is an elaboration on the 3-step test in multilateral agreements. The 1996 WCT Copyright treaty has bad language on the 3-step test, but the WCT is not now part of the TRIPS agreement, and is only subject to dispute resolution via trade agreements outside of the WTO, like the TPPA.
If the WCT is referenced under the general provisions to the TPPA, you also get the 3-step test in the TPPA, subject, however, to the agreed upon statement regarding Article 10, which is helpful.
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Today Krista and I attended a “stakeholder consultation stakeholder consultation regarding the implementation of the World Health Organization’s Pandemic Influenza Preparedness Framework.” The meeting was chaired by Jonathan Margolis, the Acting Deputy Assistant Secretary for Science, Space and Health in the Department of State’s Bureau of Oceans and International Environmental and Scientific Affairs.
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In Washington, DC there is a large and growing influence industry. One element of this industry is the thousands of people who register as lobbyists with the Congress. Because of the way disclosure rules are written, this is only a fraction of the persons who are actually employed to influence the Congress or the Executive Branch. Continue Reading →
Yesterday I wrote about the USPTO blocking KEI and many other NGOs, blogs and news organizations from their public wifi service. The USPTO says this practice has been discontinued, as of last evening (more here: /node/1548) but I found the issue interesting enough to follow up a bit. What I have found is more troubling than the initial case described yesterday.
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On 12 March 2012 the Controller General of Patents,Designs & Trademarks of India issued an order granting a compulsory license under Section 84 of the Patents Act (1970) to Natco in patent number 215758 granted to Bayer covering the anti-drug sorafenib toslyate. KEI filed an affidavit in this compulsory licensing dispute involving Natco and Bayer. Following the issuance of a compulsory license, Bayer requested the Intellectual Property Appellate Board (IPAB) to issue a stay on the compulsory license.
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Test data protection is a sui generis intellectual property right that was first developed in the 1980s for pharmaceutical drugs, and has been extended recently to biologic drugs and vaccines.
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While the GOP and Democratic conventions highlight the differences between the parties, there are some bipartisan issues, and one of the biggest is taking care of corporate interests.
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USTR will host two public hearings regarding the Trans-Pacific Partnership Agreement (TPPA). The first, to be held on Friday, 21 September 2012, will cover Mexico’s participation in the TPPA. The second hearing will be held on Monday, 24 September 2012, and will address Canada’s participation in the TPPA.
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