Mike Palmedo » infojustice

Do Pharmaceutical Firms Invest More Heavily in Countries with Data Exclusivity?

Posted by Mike Palmedo on May 8, 2013 No Responses »

May 082013

[Forthcoming paper, Summer 2013, Currents International Trade Law Journal] Abstract: Countries may choose various methods of data protection in order to comply with the TRIPS Agreement. Policymakers should consider the effects of data exclusivity on prices and investment relative to other types of data protection. The data presented here suggest there is no relationship between whether or not a country has data exclusivity, and the amount of investment in the country by the pharmaceutical industry. On the other hand, empirical evidence in previous papers has shown that data exclusivity does drive prices higher.

Full paper available on SSRN at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2259797

USTR Announcements and Deadlines for Public Comments on the TPP and TTIP

Posted by Mike Palmedo on May 7, 2013 No Responses »

May 072013

Today the U.S. Trade Representative issued a Federal Register Notice seeking “comments from the public on all issues related to Japan’s participation in the TPP negotiations [and] comments on negotiations to address certain non-tariff measures of Japan that will be conducted bilaterally in parallel to the TPP negotiations and addressed by the conclusion of the TPP negotiations.”

The deadline for comments is June 9. Continue reading »

USTR Special 301 Attacks Indian Novartis Ruling – WTO Director General Defends It

Posted by Mike Palmedo on May 1, 2013 No Responses »

May 012013

This is a quick note about one of the items in this year’s Special 301 Report, released by USTR this morning. The report attacks the recent Indian Novartis ruling in unusually direct language. The ruling upheld the denial of a patent on Glivec for failing to meet patentability requirements under Section 3(d) of the Indian Patents Act, (a longer explanation is here). The Special 301 report has this to say on the matter: Continue reading »

Revisiting USTR’s Negotiating Objectives in New Trade Promotion Authority Legislation

Posted by Mike Palmedo on April 28, 2013 No Responses »

Apr 282013

Pressure on Capitol Hill for Trade Promotion Authority (TPA) is growing.

TPA – called “fasttrack” in the 1990s when it was used to negotiate NAFTA – allows the executive branch to negotiate trade agreements that Congress cannot amend during the ratification process. It also sets procedural rules under which trade agreements are negotiated, and the objectives of the United States for the outcomes of trade negotiations. Continue reading »

Rep. Goodlatte Announces “Comprehensive” Review of U.S. Copyright Law

Posted by Mike Palmedo on April 24, 2013 2 Responses »

Apr 242013

Today House Judiciary Committee Chairman Bob Goodlatte announced an upcoming review of U.S. copyright law: “the House Judiciary Committee will hold a comprehensive series of hearings on U.S. copyright law in the months ahead. The goal of these hearings will be to determine whether the laws are still working in the digital age. I welcome all interested parties to submit their views and concerns to the Committee. I welcome all interested parties to submit their views and concerns to the Committee.” Continue reading »

Ministers’ Statement Indicates Japan Will Soon Join TPP Negotiations; Peru Opens Registration for 17th TPP Round

Posted by Mike Palmedo on April 22, 2013 No Responses »

Apr 222013

Trade Ministers of the eleven countries negotiating the Trans Pacific Partnership held a side meeting at the APEC summit in Indonesia last week. They issued a statement in which they agreed to keep working on outstanding issues (including IP), and indicated that Japan is closer to joining the negotiations. Continue reading »

WIPO Talks on the Treaty for the Blind Disappoint Countries and Advocates Alike

Posted by Mike Palmedo on April 22, 2013 No Responses »

Apr 222013

On April 20, WIPO held a meeting to prepare a text for the final deliberations on the treaty on copyright exceptions for Visually Impaired People. IP Watch reports that many of the countries seemed worried that there were too many areas left undecided, or even sliding “backward,” as the Honduras delegation warned. Some worried that there will be too much left to decide when negotiations are set to conclude in Morocco in June. Continue reading »

NSF Survey on Importance of IP to Different Industries, Compared to the USTPO Report on IP in the US Economy

Posted by Mike Palmedo on April 8, 2013 No Responses »

Apr 082013

Last year the National Science Foundation published an issue brief by John Jankowski on the importance that American firms in different industries place on intellectual property. It presents survey data showing which industries rely on which types of IP: trade secrets, trademarks, utility patents, design patents, copyrights, or mask works. Firms were asked to rank these types of IP protection as “very important,” “somewhat important” or “not important.” Jankowski shows how different types of intellectual property are far more important to some industries than others. Trademarks, trade secrets and copyright were valued most by the companies in the survey, yet 84%, 85%, and 88% of all firms surveyed said these were “not important” to them.

The results are more interesting when they are broken down by industry and compared to last year’s USPTO report Intellectual Property in the U.S. Economy: Industries in Focus. Continue reading »

USTR Requests Comments on the US-EU Free Trade Agreement: Will Hold Hearings in May

Posted by Mike Palmedo on April 4, 2013 No Responses »

Apr 042013

Today the U.S. Trade Representative issued a Federal Register Notice seeking comments on the upcoming trade agreement negotiations with the EU. The notice also announces that USTR will hold hearings on May 29-30 on “specific issues pertaining to the proposed negotiations.” The deadline for submitting written comments for the record, or requests to testify, is May 10. The Trade Act requires the executive branch, once it has announced its intention to negotiate a trade agreement, to “afford interested persons an opportunity to present their views regarding any matter relevant to the proposed agreement.”

Draft Australian Pharmaceutical Patents Review Includes Proposal to Reduce Patent Extensions and Fund R&D Directly

Posted by Mike Palmedo on April 2, 2013 No Responses »

Apr 022013

The Australian government has released the draft report of its Pharmaceutical Patents Review, which had been tasked to “review the effectiveness of the Australian patent system in providing timely access to affordable pharmaceutical and medical treatments and supporting innovation.” The report considered domestic law on patents, data exclusivity, and pharmaceuticals, as well as Australia’s current trade obligations and its position in ongoing trade negotiations. Continue reading »

USTR’s National Trade Estimate Report Continues to Push for ACTA

Posted by Mike Palmedo on April 1, 2013 No Responses »

Apr 012013

Last month, the U.S. Trade Representative’s Trade Policy Report raised some eyebrows when it scolded Canada for not meeting its ACTA “obligations,” despite the fact that the Agreement is not in effect. (See for instance, Michael Geist’s blog quoting the report). The Trade Policy Report also noted that the U.S. is “working with Japan and other negotiating parties to bring the ACTA into force.”

Today USTR published another one of its annual reports, the National Trade Estimate (NTE) Report on Foreign Trade Barriers, which continues to discuss ACTA as a trade agreement that is moving forward. Continue reading »

Trade Negotiator Probir Mehta Discusses “Binding Commitments” on Copyright Flexibilities in the TPP

Posted by Mike Palmedo on March 29, 2013 No Responses »

Mar 292013

Yesterday the Washington International Trade Association (WITA) held a panel on “21st Century Issues” in the Trans Pacific Partnership negotiations, which featured speakers on e-commerce/telecommunications, SOEs, regulatory coherence, and intellectual property.

According to an account of the discussion on ustr.gov, IP negotiator Probir Mehta “stressed that the U.S. is pushing for binding commitments from TPP partners so that they also achieve a balance in their copyright systems in providing exceptions and limitations for scholarship, criticism, news reporting, research and other legitimate purposes — as in the United States.” During the Q&A, Mehta “reminded listeners that consistency with U.S. law means that the United States also wants to see reflected the wealth of exceptions and limitations that provide great benefits to American consumers, scholars, writers, artists, and others.” Continue reading »

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