Trans Pacific Partnership News

This week more analyses of the recently TPP leaked chapter came out, while another round of negotiations in Salt Lake City took place.

Gilead attempt to secure patent on hepatitis C drug opposed in India: Patent opposition seeks to ensure production of affordable generics

[MSF] Médecins Sans Frontières supports the ‘patent opposition’ just filed at India’s Patent Office by the Initiative for Medicines, Access & Knowledge, which aims to prevent US pharmaceutical company Gilead/Pharmasset from gaining a patent in India on sofosbuvir, a drug for hepatitis C that is coming to market soon with an anticipated exorbitant price. Gilead is expected to charge around $80,000 for one treatment course of sofosbuvir in the US. Even if offered at a fraction of this price in developing countries, this drug will be priced out of reach. The patent opposition—a form of citizen review allowed in many countries—offers technical grounds to show a drug does not merit patenting under India’s Patents Act. This opposition was filed to ensure that affordable generic versions of sofosbuvir can be produced to help the millions of people infected with chronic hepatitis C in developing countries access the drug. Click here for the full press release.

Affordable College Textbook Act Introduced in the House

[CCUSA] Yesterday, Representatives Hinojosa and Miller introduced the Affordable College Textbook Act. The text mirrors that of the Senate bill introduced last week by Senators Durbin and Franken (see CCUSA’s statement on the Senate bill here). The Affordable College Textbook Act would provide funding for the creation of textbooks, which would be made available to the public under open licenses, allowing students and educators to “access, reproduce, publicly perform, publicly display, adapt, distribute, and otherwise use the work and adaptations of the work for any purpose, conditioned only on the requirement that attribution be given to authors as designated.” Click here for more.

Overlaps and Conflict Norms in Human Rights Law: Approaches of European Courts to Address Intersections with Intellectual Property Rights

[Henning Grosse Ruse-Khan ] Abstract: …The European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) are both charged with examining the consistency of national laws and measures with human rights protection for IP. Both courts are equally confronted with cases where national IP protection and enforcement measures are argued to interfere and conflict with other human rights, such as freedom of expression and information, the right to privacy or to conduct one’s own business. In reviewing the decisions of the two courts in these areas, this contribution highlights the range of tools and approaches available for human right law to deal with its various interfaces with IP protection. Click here for more.

ISPs Condemn “Useless” Blocking Proposals From Secret Piracy Talks

[Andy] ISPs have condemned negotiations on a potential update of Swiss copyright law that is being influenced by the U.S. Government and entertainment companies. According to the ISPs the secret anti-piracy discussions, from which they were excluded, have so far yielded “useless” proposals including web blocking and file-sharer warnings. “We reject the monitoring of Internet traffic on principle,” a spokesman said.  Click here for more.

A Question Of Balance In IP Rights In South Africa

[William New] There are human rights issues with intellectual property, Mmboneni Muofhe, deputy director-general for international cooperation and resources at the South African Department of Science and Technology, said at an industry-driven conference here this week. “Science has to be accessible to everyone who needs it,” he said. “The best thing” countries can do, not only South Africa but every nation, is “to make sure the quality of life of our people is improved.” Muofhe spoke at the 17-20 November conference in Durban entitled, “Creating and Leveraging Intellectual Property in Developing Countries.” Click here for the full story on IP Watch.