India Must Consider the Impact of RCEP on Access to Medicines in Developing Countries
[Loon Gangte] The eighth round of negotiation for the Regional Comprehensive Economic Partnership (RCEP) trade agreement is taking place in Kyoto, Japan and negotiators are meeting to discuss intellectual property provisions. That Japan is representing the private interests of pharmaceutical companies by pushing TRIPS-plus intellectual property (IP) provisions in RCEP negotiations is evident. Click here for more.
New Issue Brief on Fair Use in Text and Data Mining
[Krista Cox] ARL has a new issue brief on fair use in text and data mining. The brief describes the role and usefulness of text and data mining, a short background on fair use, and analysis of fair use, including eight cases that support the use of fair use in text and data mining. This brief is available here.
TPP Leak Clarifies Application to Medicare Drug Prices
[Sean Flynn] A new leak of text from the Trans-Pacific Partnership Agreement contains new language — not included in any other trade agreement – clarifying application of trade law disciplines on drug pricing programs in the U.S. Two previous agreements — with Korea and with Australia — contained restrictions on drug pricing programs, but were often thought not apply to any U.S. program. The texts of those agreements left any U.S. application ambiguous. But new language in the TPP leak makes clear the application of disciplines to “The Centers for Medicare & Medicaid Services (CMS), with respect to CMS’s role in making Medicare national coverage determinations.” Click here for more.
See also: Brook Baker, Health GAP. Trans-Pacific Partnership Transparency for the Big Pharma Wrecking Crew. Link.
Hollywood Creative Accounting: The Success Rate of Major Motion Pictures
[Sergio Sparviero] Abstract: Academic, trade, and popular publications commonly assert that 80 percent of motion pictures fail to make a net profit, suggesting also that the main players of the motion picture industry operate in highly volatile market conditions. More importantly, major film companies use this argument to negotiate for better terms with their production and distribution partners, to lobby for stricter copyright protections, and to argue in favor of media conglomeration as a hedge against adverse market conditions. This article disputes these assertions by calculating the full range of income that major motion pictures derive from their primary and secondary markets. Click here for more.
Sen. Jeff Sessions to Obama: Release the TPP Text Related to Its “New Transnational Governance Structure”
[Mike Palmedo] Earlier this month, Senator Jeff Sessions wrote President Obama to ask him to make a section of the TPP public – the section that creates a “new transnational governance structure known as the Trans Pacific Partnership Commission” which would “have the authority to amend the agreement after its adoption, to add new members, and to issue regulations impacting labor, immigration, environmental and commercial policy.” Click here for more.
World Health Organization Statement on Proposed Extension of TRIPS Transition Period for Least Developed Countries
[WHO statement at the WTO TRIPS Council] …Being exempted from granting patents allows least developed countries to either locally produce or to import generic products even when those are still under patent in other countries. This can help countries in expanding health coverage by allowing the health sector to rely on more affordable generic suppliers … WHO welcomes and supports the LDC request for extension as part of an overall effort to facilitate access to essential medicines in these countries and urges the Council for TRIPS to favourably consider this request. Click here for the full statement.