TRIPS Council: LDC Extension, Tobacco Plain Packaging Take Centre Stage
[International Centre for Trade and Sustainable Development] WTO members this week discussed a proposal by least developed countries (LDCs) to extend their transition period for implementing the organisation’s intellectual property rules, which is set to expire this July. Members at the 5-6 March meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) also debated a proposed New Zealand law that would require plain packaging for tobacco products; a similar Australian policy is already facing three separate challenges at the WTO’s Dispute Settlement Body. Click here for more.
Second Annual Open Education Week Highlights Educational Opportunities Available to Everyone
[OpenCourseWare Consortium] The second annual Open Education week will take place March 11-15, 2013. Open Education Week is a five-day celebration of the global Open Education Movement, featuring online and local events around the world, video showcases of open education projects, and information. Its purpose is to raise awareness of both the movement and its impact on teaching and learning worldwide. Click here for more.
Indian Negotiators Under Pressure to Give in to European Commission Demands on IP Enforcement in the EU-India FTA
[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. Click here for more.
TPP Negotiators Reported to Make Progress on IP Enforcement Provisions in the Singapore Negotiations
[Mike Palmedo] The eleven countries negotiating the TPP are in negotiations in Singapore from March 4 through 13. Inside U.S. Trade reports that intellectual property negotiators have “the main issue IP negotiators are discussing here is enforcement… negotiators have made more progress here than in past rounds,” and chief negotiators have been participating more with the chapter negotiations. Click here for more.
Foreign Ownership of Firms in IP-Intensive Industries
[Jonathan Band] For decades, U.S. domestic and foreign IP policy has been predicated on the assumption that U.S. firms dominated both domestic and foreign markets for IP products. In an effort to evaluate the standing of U.S. firms in IP intensive industries, this paper identifies the “nationality” of the leading firms in several important IP industries. The paper finds that for many industries, this assumption of U.S. dominance is no longer correct. This suggests that at times, IP policies adopted by Congress and the Executive Branch may benefit foreign corporations at the expense of U.S. consumers. Click here for more.
Chilean Constitutional Court to Decide on the Constitutionality of the Patent Linkage Bill
[Anonymous guest from Chile] On March 5, the Chilean Constitutional Court (CC) decided to review the constitutionality of the patent linkage bill currently being discussed in the Chilean Congress. This bill would set forth a non-merit based preliminary injunction only eligible for pharmaceutical patent holders. According to the Chilean general rules on preliminary injunctions, they should only be granted by a court based on the merits of the case (substantial likelihood of success on the merits of the case and faces a substantial threat of irreparable damage or injury if the injunction is not granted). Click here for more.
EU and US consumer groups’ initial reaction to the announcement of a Transatlantic Trade and Investment Partnership
[Trans-Atlantic Consumer Dialogue, letter to US and EU trade chiefs] The United States and the European Union have recently announced plans to begin negotiations of a trade and investment agreement… We want to highlight a number of topics… Intellectual Property Rights: Provisions on intellectual property (IP) rights should ensure governments may enact robust limitations and exceptions to rights, and limitations on remedies. IP enforcement should be proportionate and respect the right to a judicial remedy. In some areas, mandatory minimum exceptions should be addressed, such as robust cross border exceptions for disabilities or distance education. Access to medical technologies and knowledge should not be undermined. Click here for the full letter.
Public Interest Exception to Data Exclusivity in the Trade Agreement Between EU and Peru
[Mike Palmedo] On March 1, the trade agreement negotiated among the European Union, Peru, and Colombia went into effect in the EU and Peru. The EC press office reports that Colombia is still in the process of ratifying the agreement, and is expected to complete ratification this year. The full text of the trade agreement is online and the intellectual property provisions are found in Articles 202 through 257. The FTA includes a public interest exception to data exclusivity for pharmaceuticals. Click here for more.
EU-Thailand FTA Negotiations: What Fate for Access to Medicines?
[Joint press release from Health Action International, Oxfam International, and Action Against AIDS Germany] From 4-6 March, the Prime Minister of Thailand and her negotiating team visit Brussels to meet with EU officials and officially launch negotiations on a new Free Trade agreement (FTA) between the EU and Thailand… “The EU’s position on intellectual property protection in previous FTAs, including the earlier failed negotiations between the EU and ASEAN, suggests that we can expect that the EU will push for intellectual property standards in the EU-Thailand FTA that go beyond Thailand’s WTO obligations under TRIPS and will limit access to medicines.”- Tessel Mellema, HAI Europe. Click here for more.