[Ip-health] [A2k] The complete Feb 10, 2011 text of the US proposal for the TPP IPR chapter

Benjamin Henrion bh at udev.org
Thu Mar 10 09:39:53 PST 2011

On Thu, Mar 10, 2011 at 6:13 PM, Thiru Balasubramaniam
<thiru at keionline.org> wrote:
> http://keionline.org/node/1091
> The complete Feb 10, 2011 text of the US proposal for the TPP IPR chapter
> By James Love
> Created 10 Mar 2011 - 11:00am
> KEI has obtained the February 10, 2011 US government draft of the
> intellectual property chapter of the Trans-Pacific Partnership Agreement
> (TPP).
> http://keionline.org/sites/default/files/tpp-10feb2011-us-text-ipr-chapter.pdf

Signatories won't be able to exclude software patents anymore, as they
do not fit in this category:

"3.      Each Party may only exclude from patentability inventions,
the prevention within its
territory of the commercial exploitation of which is necessary to
protect ordre public or morality,
including to protect human, animal, or plant life or health or to
avoid serious prejudice to the
environment, provided that such exclusion is not made merely because
the exploitation is
prohibited by law."

Benjamin Henrion <bhenrion at ffii.org>
FFII Brussels - +32-484-566109 - +32-2-4148403
"In July 2005, after several failed attempts to legalise software
patents in Europe, the patent establishment changed its strategy.
Instead of explicitly seeking to sanction the patentability of
software, they are now seeking to create a central European patent
court, which would establish and enforce patentability rules in their
favor, without any possibility of correction by competing courts or
democratically elected legislators."

More information about the Ip-health mailing list