Trade Promotion Authority, the Trans Pacific Partnership, and Secrecy
[David Levine] A Congressional agreement has been reached on so-called “fast track” authority for the Trans Pacific Partnership Agreement (TPP). This international agreement, having been negotiated under extreme secrecy by 12 countries including the United States, Australia, Canada, Japan, Malaysia and Singapore, is supposed to be an “ambitious, next-generation, Asia-Pacific trade agreement that reflects U.S. economic priorities and values.” Indeed, if it comes into effect, it will be the largest such agreement in history, covering some 800 million people. Unfortunately, its chances of meeting that laudable goal have been severely diminished by the aforementioned secrecy. Click here for more.
Right to Information Requests by the Centre for Internet and Society to the Department of Industrial Policy and Promotion (DIPP)+ DIPP Responses
[Nehaa Chaudhari] In earlier blog posts, we have discussed the development of India’s National IPR Policy (“the Policy”); comments by the Centre for Internet and Society (“CIS”) to the IPR Think Tank before the release of the first draft of the Policy and CIS’ comments to the IPR Think Tank in response to the first draft of the Policy. Continuing our National IPR Policy Series, this article documents our requests to the Department of Industrial Policy and Promotion (“DIPP” / “the Department”) under the Right to Information (“RTI”) Act, 2005 and the responses of the Department. Click here for more.
Fair Use and Its Politics – At Home and Abroad
[Justin Hughes] Abstract: The manuscript explores how U.S. fair use – a “standard” in a world of statutory copyright rules – has become an arena of ideological struggle over IP policy. At the international level, this debate frequently plays out in terms of how 17 U.S.C. 107 complies with or fails the “three-step test” of Berne and TRIPS. This manuscript reasons that asking whether section 107 complies with the three-step test is asking the wrong question: section 107 structure is not an exception – it is a mechanism to establish particular exceptions. Click here for more.
World Medical Association Council Resolution on Trade Agreements & Public Health
[200th WMA Council Session, Oslo, April 2015] Trade agreements are sequelae of globalization and seek to promote trade liberalization. They can have a significant impact on the social determinants of health and thus on public health and the delivery of health care… the WMA calls on national governments and national member associations to: … Oppose any trade agreement provisions which would compromise access to health care services or medicines including but not limited to: Patenting (or patent enforcement) of diagnostic, therapeutic and surgical techniques; “Evergreening”, or patent protection for minor modifications of existing drugs; Patent linkage or other patent term adjustments that serve to as a barrier to generic entry into the market; Data exclusivity for biologics; Any effort to undermine TRIPS safeguards or restrict TRIPS flexibilities including compulsory licensing; Limits on clinical trial data transparency. Click here for the full resolution.
Experts Debate Medicines Access In South Africa And Beyond
[Linda Daniels] Pharmaceutical patents and access to medicines was the focus of an animated panel discussion by experts offering divergent views on the topic at intellectual property group FICPI’s 2015 World Congress, currently underway in Cape Town, South Africa. The 2015 FICPI World Congress is taking place from 13-17 April. Yesterday’s panel of experts was made up of a range of players, including: Ellen ’t Hoen, the founder of the Medicines Patent Pool; Fiona Bor, vice president and director of IP, Mylan; Jürgen Dressel, head, Global Patent Litigation Strategy, Novartis Pharma AG, Louis Harms, Hon Justice (former deputy president of the Supreme Court of Appeal) and professor in IP at the University of Pretoria in South Africa. Click here for the full story on IP-Watch.
