Apr 032014
 

who-logoKajal Bhardwaj and Cecilia Oh
UNITAID, World Health Organization

In recent years, the number of bilateral and regional trade negotiations has been increasing. Many of these negotiations involve both developed and developing countries, and the ensuing free trade agreements often contain extensive provisions on the protection of intellectual property rights. These provisions usually impose a higher level of protection for intellectual property rights than is required under the Agreement on Trade-Related Aspects of Intellectual Property Rights, or TRIPS Agreement. These so-called “TRIPS-plus” provisions delay generic market entry and competition. As such, they run counter to UNITAID’s efforts to increase the affordability of, and access to, medicines and other medical products. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Mar 282014
 

BrookBakerProfessor Brook K. Baker, Northeastern U. School of Law
Policy Analyst Health GAP
Full Paper – PDF

On or about March 18, 2014, a third draft of the renamed “equitable access” proposal was released by Mark Dybul, Executive Director of the Global Fund, to partners for further input.  If anything, this third draft, the text of which is attached , is worse than the previous two drafts: Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Mar 222014
 

sprigmanAuthor:  Christopher Jon Sprigman

Abstract:  Not too long ago, conventional wisdom in the copyright field condemned copyright formalities as unnecessary and pernicious, and celebrated their removal from American law. Recently, however, an increasingly prominent strand of copyright scholarship has begun to rue the death of mandatory formalities and to note the many possible benefits of reinstituting them. But now that the prospect of “reformalization” has been raised, the opponents of formalities have laid on the table what seems (at least to them) to be a trump card. Whatever the virtues of formalities, opponents claim that they are banned by article 5(2) of the Berne Convention, which prohibits formalities that affect “the enjoyment and the exercise” of rights in protected works. Furthermore, opponents invoke derivative protection through the TRIPS Agreement, which adopts the Berne standards and makes them enforceable via the World Trade Organization (“WTO”) dispute resolution process. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Mar 172014
 

un 400pxThe cross regional statement below (Towards a Human Rights Approach to Intellectual Property) was delivered today – 14th March 2014 – by Egypt, on behalf of 90 countries, at the UN Human Rights Council in Geneva. It states that: “International relevant organizations in the field of intellectual property should take fully into account the existing State obligations under international human rights instruments in conducting their activities, and to perform regular human rights impact assessments of intellectual property systems, including on access to medicines and intellectual property.” Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Mar 142014
 

eifl[Electronic Information for Libraries, Link, (CC-BY)] Only between 1-7% of books worldwide are published in formats accessible to blind people such as Braille, large print, audio, DAISY Inaugural meeting of Ghana stakeholder group, Accra. Credit: Judy Friend (Digital Accessible Information System). The aim of the Marrakesh Treaty, that creates an international legal framework to enable the cross-border sharing of accessible materials, is to alleviate the “book famine” for people who are blind, visually impaired or otherwise print disabled. Adopted in 2013 by Member States of the World Intellectual Property Organization (WIPO), Ghana was in the first group of countries to show political support by signing the Treaty. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Mar 112014
 

botero[Reposted from Creative Commons Affiliates Blog, Link (CC-BY)]On Thursday, March 14 Fundación Karisma, in collaboration with UNESCO and Creative Commons will launch the report “Public Expenditure On Education in Latin America: Can It Serve the Paris Open Educational Resources Declaration’s Purposes?”

“Human rights are not left at the door when we enter the online world.” This is the premise on which we embark on a new research project related to one of the fundamental rights under threat in a networked society: access to knowledge. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Mar 052014
 

sc[South Centre News Service, Link]  The South Centre calls on WTO Members to Respect the Legitimacy of the Use of TRIPS Flexibilities for Public Health in light of new threats of unilateral trade measures by the United States against India over its Intellectual Property Laws and Regulations Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Mar 032014
 

who-logoAuthor: Olasupo Ayodeji Owoeye

Journal: Bulletin of the World Health Organization,

Abstract: Africa has the highest disease burden in the world and continues to depend on pharmaceutical imports to meet public health needs. As Asian manufacturers of generic medicines begin to operate under a more protectionist intellectual property regime, their ability to manufacture medicines at prices that are affordable to poorer countries is becoming more circumscribed. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Feb 172014
 

who-logoKajal Bhardwaj and Cecilia Oh
Report Prepared for UNITAID
World Health Organization

In recent years, the number of bilateral and regional trade negotiations has been increasing. Many of these negotiations involve both developed and developing countries, and the ensuing free trade agreements often contain extensive provisions on the protection of intellectual property rights. These provisions usually impose a higher level of protection for intellectual property rights than is required under the Agreement on Trade-Related Aspects of Intellectual Property Rights, or TRIPS Agreement. These so-called “TRIPS-plus” provisions delay generic market entry and competition. As such, they run counter to UNITAID’s efforts to increase the affordability of, and access to, medicines and other medical products. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jan 302014
 
K.M. Gopakumar

K.M. Gopakumar

Reposted with permission from Third World Network, Link
Alexandra Bhattacharya and K M Gopakumar (Geneva)

Developing countries, during a discussion in WIPO on quality of patents, questioned the value of work-sharing arrangements among national/regional patent offices as a method of improving the quality of patents, and opposed efforts by developed countries to mainstream “work-sharing” in WIPO.

The 20th session of the Standing Committee on the Law of Patents is meeting in Geneva from January 27-31, 2014. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jan 102014
 
Image: Lumin Consulting for EFF (CC-BY)

Image: Lumin Consulting for EFF (CC-BY)

Contacts:
Sean Flynn, American University Washington College of Law, 202-274-4157, sflynn@wcl.american.edu
Margot Kaminski, Yale Law School, margot.kaminski@yale.edu
David Levine, Elon University School of Law, 336-279-9298, dlevine3@elon.edu

The release of a Trade Promotion Authority bill yesterday, including provisions to increase Congressional oversight of the trade negotiation process, is a welcome sign that Congress may be preparing to increase its oversight over international trade, including trade laws that alter or restrict our domestic intellectual property laws. Unfortunately, the bill does not go far enough to ensure public transparency and participation, and does little to ensure that the products of such negotiations promote the public interest. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Dec 172013
 

BrookBakerOn December 11, the Medicines Patent Pool announced a new licensing agreement for a 2013 WHO recommended second-line antiretroviral, atazanavir (ATV).  At this point, it is important for IP activists, generic companies, and countries to understand both the express territorial coverage of the license (110 countries) and its “effective” territorial coverage as well (144 countries plus the possibility of compulsory licensing expansion).  Because royalty payments are actually limited to situations where granted patents are in effect – and with some exceptions even then, it is also important to identify the limited circumstances where royalties will be imposed.  Finally, it is important to analyze some of the licensed or patent-free availability or ritonavir or cobicistat for co-formulated boosting.

Click here for the full analysis (PDF).

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly