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Notes on new EC Commissioners about access to knowledge

Trans Atlantic Consumer Dialogue - 7 hours 55 min ago

Notes on access to knowledge and IPR challenges of the new European Commission

 

 

Carlos Moedas, Commissioner for Research, Science and Innovation

 

It is generally accepted that copyright constitutes a barrier for EU researchers and weakens their ability to access published research results. The new commissioner, though it is not his direct competence, will probably support a EU copyright reform that includes some kind of EU-wide copyright exception for scientific researchers.

 

The new Research Commissioner will also have to deal with the application, very partial to date, of the EU´s new mandatory policy of open access to EC funded scientific published research results and the promotion of open data policies to become the norm by 2020. This also includes an alignment of EU member states open access policies through the European Research Area.

 

It will also be interesting to see how Moedas uses the mechanism of innovation inducement prizes in the area of biomedical research of Horizon 2020 after a few pilot projects have been launched.

 

The transparency, IPR rules and social return of the public-private partnership Innovative Medicines Inititative, particulary concerning antibiotic resistance, is also important to follow. The EU´s positions on the WHO process on new models of R and D for medicines will also be important to monitor.

 

Gunther Oettinger, Commissioner for Digital Economy and Society

 

Oettinger has committed himself to presenting an EU copyright reform proposal within a year. It is important to note that the competence over EU copyright has moved from the DG Internal Market to DG Connect that will be headed by Oettinger. The copyright unit headed by Maria Martín Prat will now move under a more copyright reform regime. The big challenge will be to try to overcome very different national copyright and licensing rules to conform a single digital market. Harmonizing exceptions and limitation to copyright, including exceptions for Text and Data mining as well as for libraries, might be some of the issues.

 

The regulation of cloud computing, big data and data protection will also be big challenges that will partially be considered with the context of the TTIP negotiations and trans-Atlantic business parctices.

 

It will be interesting to follow if the new Commissioner mandates any changes in EU strategy at WIPO on both the proposed broadcasting treaty and exceptions to copyright for libraries. To date the EU has been radically opposed to copyright reform for libraries at WIPO, to the point of blocking any progress at the UN institution. Another important issue will be the pending EU ratification of the Marrakesh Treaty for visually impaired persons that is blocked due to procedural issues over EU/member state competences.

 

 

Vytenis Andriukaitis, Commissioner for Health and Food Safety

 

While competence over pharmaceuticals, including the European Medicines Agency, has been moved to the Industry DG, the new Health Commissioner has insisted that he would make joint proposals with the Industry Commissioner and that his opinions would carry equal weight.

He has suggested coordinating among EU member states to lower the high price of life-saving medicines, possibly through pooled procurement. No mention of IPR was made during his hearing.

He was adamant about supporting transparency and preventing conflict of interests.

 

 

 

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WIPO General Assembly: Worst ever?

Knowledge Ecology International - Tue, 30/09/2014 - 21:47
Brazil asks delegates to embrace work on copyright exceptions

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WIPO General Assembly 2014, 30 September 2014: Brazilian proposal on SCCR

Knowledge Ecology International - Tue, 30/09/2014 - 21:46

During intense plenary discussions regarding WIPO's future work program on the protection of broadcasting organizations and copyright limitations and exceptions, Brazil made the following proposal to reproduce language from the General Assembly decision of 2013. Brazil proposed,

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WIPO General Assembly 2014: Decision Paragraph on the Design Law Treaty-Decision punted till 2015

Knowledge Ecology International - Tue, 30/09/2014 - 18:18

On 30 September 2014, the WIPO secretariat handed the following text relating to the "Consideration of the Convening of a Diplomatic Conference for the Adoption of a Design Law Treaty (DLT)."

Consideration of the Convening of a Diplomatic Conference for the Adoption of a Design Law Treaty (DLT)

Agenda item 14 Decision Paragraph

The WIPO General Assembly:

Will at its session in September 2015 decide on whether to convene a diplomatic conference for the adoption of a Design Law Treaty as soon as practicable."

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WIPO General Assembly 2014: Draft decision on item 16 (IGC on genetic resources, traditional knowledge & folklore)

Knowledge Ecology International - Tue, 30/09/2014 - 18:04

On 30 September 2014, the WIPO secretariat handed the following draft decision relating to the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC).

GA 2014

Draft decision on item 16

The WIPO General Assembly:

(1)) took note of the information contained in document WO/GA/46/6;

(2) took note of the statements made by delegations at the Forty-Sixth Session of the WIPO General Assembly in 2014; and

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WIPO General Assembly 2014: No Decision Reached on the Work of the Standing Committee on Copyright and Related Rights (SCCR)

Knowledge Ecology International - Tue, 30/09/2014 - 17:53

On Tuesday, 30 September 2014, the Secretariat handed out the following text:

Matters relating to the Standing Committee on Copyright and Related Rights (SCCR) Agenda item 15 Decision Paragraph

The WIPO General Assembly

(i) took note of the information contained in document WO/GA/46/5; and

(ii) took note of the statements made by delegations at the 46th session of the WIPO General Assembly in 2014.

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European Medicines Agency (EMA) recommends approval of Harvoni, Gilead's all oral HCV combination product

Knowledge Ecology International - Fri, 26/09/2014 - 14:37

The European Medicines Agency (EMA) is recommending approval of Harvoni, a combination of 9mg of ledipasvir (LDV) and 400mg of sofosbuvir (SOF), for the treatment of chronic hepatitis C virus (HCV) infection in adults. This is the "all oral" combination product, delivered in daily does of just 490 mg of API, for the "cure of patients with chronic HCV infection without the need for treatments involving interferons."

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House Judiciary Committee hearing on trade secret legislation, and the revolving door

Knowledge Ecology International - Thu, 25/09/2014 - 15:45

On September 17, the House Judiciary marked up H.R. 5233, “The Trade Secret Protection Act of 2014.” The bill would create a civil right on action in federal courts for misappropriation of trade secrets, as defined in the bill. [Link to hearing, bill and transcript of markup].

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WIPO General Assembly 2014: KEI Statement on the Standing Committee on the Law of Patents

Knowledge Ecology International - Thu, 25/09/2014 - 10:26

On Thursday, 25 September 2014, Knowledge Ecology International (KEI) delivered this statement on agenda item 17(i), Reports on other WIPO Committees, (i) Standing on the Law of Patents (SCP).

WIPO General Assembly 2014

17. Reports on other WIPO Committees
(i) Standing Committee on the Law of Patents (SCP);

Statement of Knowledge Ecology International

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WIPO General Assembly 2014: South Africa Intervention on the Standing Committee on the Law of Patents (SCP)

Knowledge Ecology International - Thu, 25/09/2014 - 09:36

On Thursday, 25 September 2014, South Africa delivered the following intervention on agenda item 17(i) on the Report of the Standing Committee on the Law of Patents (SCP) at the Fifty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO.

South Africa Intervention on the Standing Committee on the Law of Patents (SCP)

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WIPO General Assembly 2014: KEI statement on Matters Relating to the Standing Committee on Copyright and Related Rights (SCCR)

Knowledge Ecology International - Wed, 24/09/2014 - 15:51

On Wednesday, 24 September 2014, Knowledge Ecology International delivered this intervention on agenda item 15, Matters Relating to the Standing Committee on Copyright and Related Rights (SCCR)

WIPO General Assembly 2014

15. Matters Relating to the Standing Committee on Copyright and Related Rights (SCCR)

Statement of Knowledge Ecology International

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WIPO General Assembly 2014: KEI statement on the Report of the Committee on Development and Intellectual Property (CDIP)

Knowledge Ecology International - Wed, 24/09/2014 - 15:10

On Wednesday, 24 September 2014, Knowledge Ecology International delivered the following statement at the 2014 WIPO General Assembly on agenda item 13, Report of the Committee on Development and Intellectual Property (CDIP) and Review of the Implementation of the Development Agenda Recommendations.

13. Report of the Committee on Development and Intellectual Property (CDIP) and Review of the Implementation of the Development Agenda Recommendations

Statement of Knowledge Ecology International

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Comments of KEI regarding the White House OSTP call for comments on its Strategy for American Innovation

Knowledge Ecology International - Wed, 24/09/2014 - 04:19

Comments of KEI regarding the White House OSTP call for comments on its Strategy for American Innovation

(PDF of comments here)

Attn: Dan Correa, Office of Science and Technology Policy, Eisenhower Executive Office Building, 1650 Pennsylvania Ave NW., Washington, DC 20504.
Email: innovationstrategy@ostp.gov.
Re: Strategy for American Innovation
Date: September 23, 2014

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FDA creates $500k prize for technology to improve detection of Salmonella

Knowledge Ecology International - Tue, 23/09/2014 - 20:29

This just published by the US FDA:

The U.S. Food and Drug Administration is asking for potential breakthrough ideas on how to find disease-causing organisms in food – especially Salmonella in fresh produce.

The 2014 FDA Food Safety Challenge was developed under the America COMPETES Reauthorization Act of 2010, which grants all federal agencies broad authority to conduct prize competitions to spur innovation, solve tough problems, and advance their core missions. This challenge offers a total prize pool of $500,000.

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WIPO General Assembly 2014: Opening Statement of Knowledge Ecology International

Knowledge Ecology International - Tue, 23/09/2014 - 15:01

On Tuesday, 23 September 2014, Knowledge Ecology International (KEI) delivered this opening statement on the occasion of the Fifty-Fourth Series of Meetings of the Assemblies of the Member States of the World Intellectual Property Organization (WIPO).

Thank you Madame Chair for providing Knowledge Ecology International (KEI) the opportunity to speak today.

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Bayer's rejection of request for affordable Nexavar for Fathi Helmi Aboseda (Egypt)

Knowledge Ecology International - Tue, 23/09/2014 - 11:49

Today we received news from Nina Mahmud that her father-in-law, Fathi Helmi Aboseda, has passed away in Egypt. Mr. Aboseda was suffering from liver cancer. Earlier this year, Nina Mahmud had contacted Bayer and KEI asking for help in finding affordable copies of sorafenib, a drug for liver and kidney cancer sold by Bayer under the trade name Nexavar, a drug that was extending and improving the quality of his life. The price of Nexavar in Egypt was $900 per week, and Mr. Aboseda had used his entire life savings to buy the drug.

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WIPO General Assembly 2014: Opening statement of the African Group

Knowledge Ecology International - Tue, 23/09/2014 - 10:05

On Monday, 22 September 2014, Kenya, on behalf of the African Group, delivered this opening statement. On normative matters, the African Group expressed the following views regarding the work of the SCCR:

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WIPO General Assembly 2014: Opening statement of the United States broaches IGC, broadcasting treaty and copyright L&Es

Knowledge Ecology International - Mon, 22/09/2014 - 20:50

On Monday, 22 September 2014, Ambassador Pamela Hamamoto delivered this opening statement on behalf of the United States at the 2014 WIPO General Assembly.

Ten years on from the launch of the Development Agenda by Argentina and Brazil in 2004, the Obama administration expressed the following views on the Development Agenda:

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WIPO General Assembly 2014: Asia Pacific Group charts its position on Broadcast Treaty, Design Law Treaty and copyright L&Es

Knowledge Ecology International - Mon, 22/09/2014 - 10:49

On Monday, 22 September 2014, Bangladesh delivered the following statement on behalf of the Asia Pacific Group. Here below is the Group's position on WIPO's normative work including copyright limitations and exceptions for libraries and archives, copyright limitations and exceptions for educational and research institutions and persons with other disabilities, the proposed Design Law Treaty, the proposed broadcasting treaty and proposed instruments for the protection of genetic resources, traditional knowledge and traditional cultural expressions.

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Biden presses Colombia to block biosimilar drugs

Knowledge Ecology International - Wed, 17/09/2014 - 21:57

On September 8, 2014, Vice President Joe Biden wrote to Juan Manuel Santos Calderón, the President of Colombia. In the letter, Biden registered a complaint about the regulations in Colombia to register biosimilar drugs. A copy of the letter from Vice President Joe Biden is available here, and includes this quote:

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