Copyright in Mercosur-EU Trade Agreement: A Little Better, But Mostly Worse

[Timothy Vollmer] A recently-leaked draft of the Mercosur-EU free trade agreement shows minor improvements to the chapter on intellectual property. It appears that the unnecessary and unwarranted 20 year copyright term extension is now dropped from the agreement, and the parties have introduced some flexibility for users to get around technical protection measures in order to leverage their rights. But for the most part, the negotiations continue to favor increased tightening of copyright at the expense of protections for user rights and the commons. Click here for more.

EU, Japan, Saudi Arabia, Taiwan and Ukraine Seek to Join U.S.-China Consultations at WTO

[Mike Palmedo] The EU, Japan, Saudi Arabia, Taiwan and Ukraine have formally asked to join the WTO consultations between the U.S. and China over the protection of intellectual property rights. The U.S. requested consultations with China last month, alleging that China discriminates against foreign patent holders. In its request for consultations, the US delegation to the WTO writes: “China denies foreign patent holders the ability to enforce their patent rights against a Chinese joint-venture party after a technology transfer contract ends. China also imposes mandatory adverse contract terms that discriminate against and are less favorable for imported foreign technology…” Click here for more.

The Power of TRIPS Flexibilities in Medicines Procurement

[Ellen t’Hoen] The government of Malaysia has began to roll out treatment of people infected with the hepatitis C virus (HCV).  Treatment will be a combination of antivirals (sofosbuvir and daclatasvir) from generic producers, including the Egyptian company Pharco, which has offered the curative 12 week HCV treatment for US$ 120. Egyptian companies are able to make generic HCV medicines because relevant patents on sofosbuvir and daclatasvir do not exist in Egypt. (For information about patent status of HCV medicines visit www.medspal.org).  Malaysia, however, had granted patents on sofosbuvir. Click here for more.

The Global Tobacco Epidemic, the Plain Packaging of Tobacco Products, and the World Trade Organization

[Matthew Rimmer] Abstract: In response to complaints by Ukraine, Honduras, the Dominican Republic, Cuba, and Indonesia, the Government of Australia has defended the introduction of plain packaging of tobacco products in the World Trade Organization. This article focuses upon the legal defence of Australia before the WTO Panel. A key part of its defence has been the strong empirical evidence for the efficacy of plain packaging of tobacco products as a legitimate health measure designed to combat the global tobacco epidemic. Australia has provided a convincing case that plain packaging of tobacco products is compatible with the TRIPS Agreement 1994 – particularly the clauses relating to the aims and objectives of the agreement; the requirements in respect of trade mark law; and the parallel measures in relation to access to essential medicines. Click here for more.

Coming To Your Door: USTR Trade Barriers Report Lists Concerns To Raise With Trading Partners

[William New] The newly released United States government annual report on trade barriers for US exports provides a laundry list of issues it views as inhibiting US products and services from being treated fairly or sufficiently protected in its key trading partners. Among the many issues are many concerns about intellectual property rights, digital trade, broadcasting, pharmaceuticals and more. The 2018 US National Trade Estimates report on foreign trade barriers is available here [pdf]. It was published on 30 March by the Office of the US Trade Representative (USTR). Click here for more.