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

User Rights in WIPO Broadcast Treaty Must Be Strengthened

[Electronic Information for Libraries] At WIPO’s Standing Committee on Copyright and Related Rights (SCCR/42) that took place in May 2022, the Committee agreed that the Chair would revise the Draft Text for the WIPO Broadcasting Organizations Treaty (document SCCR/42/3) based on comments, suggestions and questions from delegations. EIFL’s comments focus on Limitations and Exceptions (Article 10). To ensure fair access

TRIPS-Compliant Alternatives for Overcoming Intellectual Property Barriers to COVID-19 Countermeasures

[Brook Baker] In the aftermath of the recent WTO Ministerial Decision on the TRIPS Agreement (adopted June 17, 2022), there may be some confusion about the many options that countries have for overcoming intellectual property barriers to allow alternative production, distribution, and use of COVID-19 countermeasures. Of course, visibility into the patent landscape for particular products is essential to understanding

Farmers, Seeds & the Laws: Importing the Chilling Effect Doctrine

[Saurav Ghimire] As an increasing number of countries are formulating Plant Variety Protection (PVP) laws, a growing number of farmers are affected by plant breeders’ rights. In addition, the seed certification law also affects farmers’ relations with seeds. Discussing the farmers’ interaction with the PVP law and seed certification law in Indonesia, this article establishes that the farmers have internalised

100 Members of Congress Write Biden Administration Urging Compulsory Licenses for Drugs Produced with Taxpayer Funding

[Mike Palmedo] A group of 100 Members of Congress led by Sen. Elizabeth Warren and Rep. Lloyd Doggett has sent a letter to DHHS Secretary Xavier Becerra, asking him to take actions to lower U.S. drug prices. The letter specifically asks him to "utilize administrative authorities, including government patent use compulsory licensing under 28 U.S.C. 1498 and march-in and royalty-free

IPR-Related Statistics in WTO Trade Policy Reviews

[Peter Lunenborg] The WTO Secretariat Trade Policy Review (TPR) report is an important tool for a WTO Member which synthesizes objective trade-related information in a single document and enables the monitoring of developments in trade. Relevant statistics are therefore an important element of a TPR report. Currently the practice of using statistical information on intellectual property rights (IPRs) across TPRs

WTO Ministerial Decision: ‘TRIPped’ the Waiver

[Shirin Syed] The 12th Ministerial Conference (MC12) concluded on Friday, June 17, 2022, with a “Ministerial Decision on the TRIPS Agreement”, to facilitate exportation of Covid-19 vaccines under the compulsory licence to enhance availability and accessibility for poor countries... The TRIPS Decision no longer remains an IP waiver as proposed originally by India and South Africa and 65 co-sponsors. It