On Wednesday, 5 October 2016, Knowledge Ecology International (KEI) delivered the following intervention at the inaugural Marrakesh Treaty Assembly.
5 October 2016
It is an important achievement for WIPO to have embraced the Marrakesh Treaty, and addressed and corrected the barriers that copyright presented for access to culture and knowledge, for persons who are blind or have other disabilities.
KEI statement at WIPO GA 2013 on the Inter-governmental Committee (IGC) on genetic resources, traditional knowledge
KEI is interested in how regimes proposed in the IGC impact the economics of stewardship, curation and sharing of Traditional Knowledge (TK) and Genetic Resources (GR).
KEI generally opposes the creation of exclusive rights that can block innovations and access to knowledge and materials, in the context of Traditional Knowledge or Generic Resources.
However, benefit sharing does not require the granting of exclusive rights. Liability rule approaches seem to offer a better model.
On Thursday, 6 October 2016, India delivered the following statement on behalf of the Asia Pacific Group in relation to the General Assembly's deliberations on WIPO's work on genetic resources, traditional knowledge and traditional cultural expressions.
Position Statement by India on behalf of Asia- Pacific Group on Agenda Item 16 - Report on the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), delivered by Dr. Sumit Seth, First Secretary(Economic Affairs)
Thank you Mr. Chairman
On Wednesday, 5 October 2016, Knowledge Ecology International delivered the following intervention on the agenda item concerning the Report of the Standing Committee on Copyright and Related Rights (SCCR).
Agenda item 11: Report on the SCCR
Thank you Chair.
Congratulations to Sylvie Forbin, the highly qualified new DDG for the Copyright and Creative Industries Sector.
KEI welcomes the entry into force of the Marrakesh Treaty, and look forward to additional work at WPO to expand access to knowledge and knowledge based goods.
On October 4th, 2016, Knowledge Ecology International (KEI) delivered this opening statement on the occasion of the Fifty-Sixth Series of Meetings of the Assemblies of the Member States of the World Intellectual Property Organization (WIPO).
KEI General Statement - WIPO General Assembly - 2016
October 4th, 2016
Thank you Chair for providing Knowledge Ecology International (KEI) the opportunity to speak today.
On Monday, 3 October 2016, Bangladesh delivered the following opening statement on behalf of the LDC Group at the World Intellectual Property Organization's (WIPO) General Assembly.General Statement on behalf of the LDC Group at the 56th Session of the Assemblies of the Member states of WIPO
[3 October 2016]
Delivered by Ambassador H.E. Mr. M Shameem Ahsan,
Permanent Representative of Bangladesh to the United Nations
( Suggested time: 5 minutes)
WIPO General Assembly 2016: Opening statement of Chile on behalf of the Group of Latin and the Caribbean Group (GRULAC)
On Monday, 3 October 2016, Chile delivered the following opening statement on behalf of the Group of Latin and the Caribbean Group (GRULAC) at the World Intellectual Property Organization's (WIPO) General Assembly.
In relation to copyright limitations and exceptions, GRULAC noted:
USPTO has just published its new estimates of "IP-intensive" jobs for the US economy. The report is titled: Intellectual Property and the U.S. Economy: 2016 Update, and is available as a PDF file here. USPTO press release here:
I took a quick look at the report, and below are some initial bullet points:
I wanted to post a brief note about three separate mechanism to overcome patent monopolies in current US law. All are useful, in the right context, and all have some limits.
1. The Bayh-Dole March-In rights under 35 U.S.C. 203, as defined by 35 U.S.C. 201(f).
National Association of Manufacturers told USTR the EU position on LDC extension made a mockery of international trading system
On September 10, 2015, the National Association of Manufacturers (NAM), wrote to USTR expressing alarm at the European Union support of an indefinite extension of a WTO waiver of obligations to grant patents on pharmaceuticals for UN defined least developed countries (LDCs). In 2015, there were 954 million persons living in LDCs, with a per capita income of $964, according to the World Bank. The EU had aligned itself with health advocates trying to protect the bottom billion access to life saving medicines.
Knowledge Ecology International recently obtained extensive email correspondence between officials at the National Institutes of Health (NIH), the Foundation for the National Institutes of Health (FNIH), and the National Football League (NFL), which shed light on accusations of NFL attempts to control the NIH research agenda related to repeat concussion injuries in football players.
The records, which we received through FOIA, are available here:
The National Institutes of Health, from 2011 through May of 2015, appears to have granted all requests for waivers of a requirement under federal law that patent holders who benefit from U.S. taxpayer-funding ensure that their patented inventions are manufactured in the United States.
The Bayh-Dole Act imposes various requirements on the grant of exclusive licenses by the patent holders of federally-funded inventions. In particular, the act generally requires that exclusive licensees “substantially” manufacture the invention in the United States.
The Act, however, also allows for the patent holder to obtain a waiver on the U.S. manufacturing requirement from the Federal agency that provided for the funding of the invention. According to a FOIA response recently obtained by Knowledge Ecology International, the NIH seems to grant every manufacturing waiver request that comes its way.
On September 14, 2016, the United Nations Secretary-General’s High-Level Panel on Access to Medicines released its report, in which they had a mandate to “review and assess proposals and recommend solutions for remedying the policy incoherence between the justifiable rights of inventors, international human rights law, trade rules and public health in the context of health technologies.”
On September 14, 2016, the United Nations Secretary-General's High-Level Panel on Access to Medicines issued its long-awaited report, which addressed the policy incoherencies between intellectual property, trade, human rights, innovation, and public health.
The report is available here: http://www.unsgaccessmeds.org/final-report/
On September 7, 2016, the National Cancer Advisory Board Blue Ribbon Panel issued a draft report with recommendations directed to the Cancer Moonshot Task Force.
The draft included 10 interesting and useful recommendations (see A - J) related to cancer research, but none to address the pricing or affordability of products.
A German patent court has ordered a compulsory license under Section 24 of the Patent Act, allowing Merck (US) to continue to market the HIV drug raltegravir (marketed as Isentress).
Democratic presidential nominee Hillary Clinton has published a factsheet presenting, "Hillary's Plan to Respond to Unjustified Price Hikes for Long-Available Drugs."
Today via Twitter, KEI Director James Love offered a six point commentary on Secretary Clinton's proposal to address drug price hikes:
The attached briefing note analyzes transparency legislation that has been proposed in 14 states in 2015 and 2016. The bills would require various degrees of transparency for research and development (R&D) and marketing costs, as well as for drug prices and price changes.
Bloomberg reported on August 2, 2016, that CVS Health announced that it plans to exclude 35 drugs from its formulary beginning in 2017, including Xtandi, bringing the total number of excluded drugs to 131.
Vivendi-SFR lobbyist nominated to WIPO by Hervé Le CrosnierOn July 14, 2016, the former Vivendi-SFR lobbyist Sylvie Forbin was named Deputy Director General of the WIPO “Culture and Creative Industries Sector” (the World Intellectual Property Organization is a United Nations agency). Incidentally the new name of the Sector, “Copyright and Creative Industries,” is revealing of her future professional activities.