Advocating for a world where intellectual
property law serves the public interest.

PhRMA’s Special 301 Comments on Indian Compulsory Licensing Misinterpret TRIPS Obligations

PhRMA’s Special 301 comments to the U.S. Trade Representative include a section on the compulsory licensing provisions in India’s Patents Act. PhRMA recommends that “India should ensure that the CL provisions comply with TRIPS by… Eliminating price as a trigger to CL. (Section 84(1)(b) of the Indian Patent Act which would permit a CL if […]

European Parliament Votes Against ECJ Legal Review of ACTA

On March 27, the European Parliament’s International Trade Committee (INTA) voted 21-5 to reject a request by MEP David Martin to refer the Anticounterfeiting Trade Agreement to the European Court of Justice. Martin wanted the Court to determine whether or not the agreement conflicts with EU law. The INTA will instead conduct its own ACTA […]

TPP vs. ACTA – Line by Line

As the TPP heads for its next intersessional meeting on IP provisions in April, public concern about the agreement has been growing, often tied to the previous public outcry over SOPA/PIPA and ACTA. The enforcement provisions in the IP section of the TPP have been described as “ACTA-plus,” but to what extent is the TPP […]

U.S. Secretary of Commerce Criticizes Indian Compulsory License for Unaffordable Cancer Drug

U.S. Commerce Secretary John Bryson criticized India’s recent compulsory license for the anticancer drug Nexaver in a meeting with Indian Minister of Commerce Anand Sharma. A government official told the Economic Times that “Bryson said pharmaceuticals was a competitive area and heavy investments went into R&D every year. Any dilution of the international patent regime […]

March 26, 2012

Infojustice Roundup Intellectual Property and the Public Interest Federal Research Public Access Act attracts two dozen additional co-sponsors Twenty four additional Representatives have cosponsored the Federal Research Public Access Act, (FPRAA, H.R.4004), introduced by Rep. Doyle on February 9. The bill would require Federal Agencies to collect digital copies of peer-reviewed journal articles that result […]

Indian High Court to Hear Novartis Patent Case

On Wednesday, the Indian Supreme Court will hear arguments in Novartis’ challenge to India’s patent law. In 2006, the Indian Patent Office rejected Novartis’ patent application for the cancer drug Glivec (imatinib mesylate), saying that the drug was a new salt formulation of a known drug, and therefore unpatentable under Indian Law. Section 3(d) of […]