Dec 232013

2013 GC-OA logoTo date, 200 people from around the world have signed the Third Global Congress Global Congress Declaration on Fundamental Public Interest Principles for International Intellectual Property Negotiations.

The Declaration, drafted at the recent Global Congress in Cape Town, South Africa, calls for “a positive agenda in international intellectual property law making” which would include a more open negotiating process, respect for stakeholders’ social and economic welfare, and preserve states’ freedoms to protect access to knowledge goods.  The full declaration and the initial signatures are below.

The document will remain open for institutional and individual signatures through the holidays. To sign, please fill out this very short form. The final version will be formally released next month.  Continue reading »

Sep 112013

wipo circular logoTwo events this week will examine issues in international intellectual property.

September 11, The Promise and the Peril of Intellectual Property Licensing for Indigenous Assets.

September 12, The Marrekesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. Links to registration for the free and public events, as well as to webcast information, are included below.  Continue reading »

Apr 112013
Photo from the Dehli Network of Positive People

Photo: Dehli Network of Positive People

Health groups rally in Delhi as protests spread across the developing world.

[Posted on the Don’t Trade Our Lives Away blog, 10 April, 2013, New Delhi]  Thousands of people living with HIV, cancer patient groups & public health activists rallied on the streets of Delhi today calling on the Indian government to reject the EU’s demands in the European Union–India Free Trade Agreement (EU–India FTA) negotiations. The protests coincide with the visit of the the Hon’ble Prime Minister to Germany to meet German Chancellor, Dr. Angela Merkel with the FTA at the top of the agenda. On 14-15 April, the Hon’ble Commerce Minister will be in Brussels for ministerial level negotiations to finalise the FTA. Continue reading »

Apr 092013

cambodiaDear H.E Jean-François Cautain:

We, Cambodian garment workers, sex workers, entertainment workers, people living with HIV, LGBTs, university students, feminists and human right activists from different networks and organisations came together to express our concern about the threat posed by the forthcoming EU-India free trade agreement to the lives of millions of people in Cambodia and many other developing countries across the world. Continue reading »

Mar 182013

thai flagDear H.E. Dr. Manmohan Singh,

We, the undersigned organizations from Thailand, are writing this letter to express our grave concern over the Indian Government’s shift in their position on the EU-India bilateral free trade agreement (FTA), which is to compromise with the EU’s demands on strict intellectual property (IP) protection, IP enforcement, investment, and other TRIPs plus provisions in the FTA that will be concluded and signed in April 2013. Continue reading »

Mar 112013

india-flag[Delhi Network of Positive People]  With the goal concluding the agreement by early April fast approaching, negotiations have now reached an intense phase with regular meetings to fast track its conclusion. The Indian Prime Minister has reportedly asked the Indian Commerce Minister to push the Department of Industrial Policy & Promotion – in charge of the intellectual property (IP) negotiations – to settle their differences with the EU negotiators on IP so that it facilitates the signing of the FTA next month. Continue reading »

Feb 102012

Trade officials from the EU and India are meeting today to continue negotiations of a free trade agreement, which they hope to complete by the end of the year.  The European Union is seeking to include TRIPS-Plus patent and data exclusivity provisions that block access to generic medicines.  This has alarmed Indian and global health activists, because Indian generic firms supply medicines to a majority of people in the developing world, for whom prices charged by branded firms are out of reach.  For instance, Médecins Sans Frontières reports that 80% of donor-funded anitretrovirals for HIV/AIDS treatment are purchase from India.  Continue reading »

Jan 262012

AUTHOR: Brook Baker.  ABSTRACT: European Customs officials have used fictive patent rights to justify the seizure of lawful generic medicines produced in India and destined for non-European markets. Following a public outcry and initiation of two WTO complaints, the EU has proposed amendments to Border Regulations Measure 1383/2003. The Proposed Border Regulation in its current form will not adequately resolve the risk of interception in Europe of medicines lawfully manufactured and exported from India and destined for lawful import and consumption in a non-EU country. Continue reading »

Jul 082011

UNAIDS Executive Director Michel Sidibe has warned against the inclusion of TRIPS-Plus provisions in the EU-India Free Trade Agreement that would jeopardize the continued manufacture and export of generic medicines. India currently produces the majority of antiretrovirals used in the developing world.  “India should resist removing any flexibility because any trade agreement which could lead to India not being able to produce will be terrible for the rest of the world. Millions of people will die if India cannot produce and Africa will be the most affected.”  Continue reading »

Apr 042011

Speaking at an Indian Parliamentary committee meeting on IPRs, Minster of Commerce and Industry Shri Anand Sharma spoke out against seizures of generic medicines in the Netherlands. “These detentions of Indian generics by Europe were deemed to be TRIPS violative by us and India submitted its request on 11th May 2007 to the Dispute Settlement body of WTO… As a result of our persistent efforts, during the recent India-EU Summit, EU informed that the Commission has intensified efforts on finalisation of proposal for revision of Regulation 1383 and hopefully they should be able to complete their international processes shortly.”

Minister Sharma also stated that the Ministry opposes the inclusion of data exclusivity provisions sought by Europe in the trade agreement currently under negotiation.

Click here for the press release with from the Ministry of Commerce and Industry.

Feb 272011

On March 2, the Asia Pacific Network of Positive People, the Indian Drug Users Network, the Delhi Network of Positive People, and the Cancer Patients AIDS Association will be joined by UN Special Rapporteur on the Right to Health Anand Grover in a rally against the intellectual property provisions in the EU-India FTA, which health advocates fear will interfere with the production, sale and export of generic medicines.  These include obligations to expand the scope of patentability, to provide a period of data exclusivity for the test data used to win approval of new drugs, and stronger IP enforcement rules.  The press release on the rally is below. Continue reading »

Jan 122011

CIS-India has posted the current IPR chapter of the EU-India FTA.  The text shows the positions of Indian and EU negotiators on each provision, and it shows that India is rejecting TRIPS-Plus Enforcement provisions related to border measures for goods in transit, intermediary liability, and more severe standards for damages.  India has also noted that it cannot agree to specific copyright provisions in the trade agreement until it completes a domestic copyright reform effort that is currently under debate in Parliament. Continue reading »