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.KEI: WIPO should update 1976 Tunis Model Law on Copyright for Developing Countries
The twelfth session of the WIPO’s Committee on Development and Intellectual Property (CDIP) is taking place from 18 November 2013 to 21 November 2013. This Committee, squeezed into just four days of discussions, has a heavy workload. Continue Reading
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 Trans-Atlantic Business Council’s May 16, 2013 letter to Robert Hormats opposing Marrakesh treaty for the blind
The letter opposing the treaty for the blind was signed by TABC Director General Tim Bennett We just ran across this mean spirited letter by the Trans-Atlantic Business Council (TABC), a group that describes itself as follows:
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 ReadingEvolving Copyright and the Relationship With the Trans-Pacific Partnership Agreement (TPP)
Table of Contents:
Introduction
I. Parallel Importation
II. Copyright Terms
III. Technological Protection Measures
IV. Fair Use
V. Marrakesh Treaty
VI. Libraries, Archives and Museums
VII. Statutory Damages
VIII. Orphan Works
ConclusionIntroduction
Continue ReadingUS opposes safeguards in WIPO treaty for the blind that are included in ACTA, and Beijing treaty
I was in Geneva today, and was told by several delegates the US is opposing this language in the negotiating text (from the Annex) [Proposed Footnote: It is understood that Contracting Parties who are members of the World Trade Organization… Continue Reading
Least Developed Country (LDC) membership in WIPO and the Berne Convention
Much of the April negotiations on the treaty for copyright exceptions for persons with disabilities was spent discussing the issue of countries that are not members of the WTO, or the Berne Convention, or countries classified by the UN as least developed countries (LDCs), and currently not bound by the TRIPS agreement provisions on copyright.
