[Ip-health] IP-Enforcement Roundup - September 12, 2011

Michael Palmedo mpalmedo at wcl.american.edu
Mon Sep 12 09:38:06 PDT 2011

Washington Declaration on Intellectual Property and the Public Interest


Intellectual property and information policy experts from around the
world have released the Washington Declaration on Intellectual Property
and the Public Interest.  Citing an "unprecedented expansion of the
concentrated legal authority exercised by intellectual property rights
holders" through recent trade agreements, the experts call for new
efforts to "re-articulate the public interest dimension in intellectual
property law and policy."  The Declaration was created through a
consultative process with over 180 experts from 35 countries in six
continents at the Global Congress on Intellectual Property and the
Public Interest, August 25-27 at American University Washington College
of Law.  It is currently open for signatures.  Click here for more.


At TTP Negotiating Round, USTR Holds Firm on Secrecy and IP Maximalism


The eight round of trade negotiations for the Trans Pacific Partnership
Agreement are taking place between September 6 and 15 in Chicago. The
United States intends to table additional intellectual property text
this week, and will publish a white paper on IP and access to medicines
today (Monday).  The text itself will remain classified.  A consultation
was held where civil society groups discussed issues related to IP and
access to medicines with US negotiators.  According to Sean Flynn, some
of what was learned at the consultation was: "Transparency will be worse
than ACTA; USTR has abandoned the 'May 10' flexibilities for developing
countries; USTR continues to believe that IP maximalism, including the
promotion of restrictions on TRIPS flexibilities, promotes access to
medicines in developing countries; USTR resists evidence-based law
making for IP chapter; Pharma endorses Medicaid/US carve outs, urges
other countries to similarly scale back public reimbursement."  Click
here for more. <http://infojustice.org/archives/5448> 


Novartis Challenge to Section 3(d) of India's Patents Act Continues;
Focuses on Definition of "Efficacy"


On Tuesday, September 6, a Division Branch of the Supreme Court of India
was scheduled to hear Novartis' challenge to an Appellate Decision that
prevented it from patenting imatinib messylate, but Judge Dalveer
Bhandari recused himself, sending the matter to another branch.
Novartis' patent application was rejected because the drug was found to
be a new form a known substance that did not show increased efficacy
over old forms.  Section 3(d) of the Patents Act requires new forms of
known substances to show greater efficacy in order to be patentable.
Novartis is arguing that the definition of "efficacy" should be broad
enough to include increases in bioavailability, while the Madras High
Court that rejected its patent application defined efficacy as
"therapeutic effect in healing a disease."  Health advocates are
concerned that a ruling in favor of Novartis would block many other
generics currently manufactured in India for both domestic use and for
export to developing countries that rely on Indian generics.  Click here
for more. <http://infojustice.org/archives/5436> 


eCancer Medical Science: 59% of Researchers' Work Hindered by Lack of
Free Access to Research Findings

The European Association for Cancer Research has conducted a survey of
cancer researchers' attitudes towards open access publishing.  Among the
findings:  "88% of respondents believe that publicly funded research
should be made available to be read and used without access barriers,"
and "59% of respondents indicated that a lack of access sometimes or
often slowed their work."  Click here for the paper in

EU Commissioner for Trade  Discusses the Intersection of IP and
Development, Asks Industry to Increase Lobbying


Karel De Gucht, EU Commissioner for Trade, gave a speech on September 7
at the "Conference on Intellectual Property Captured - Which Course to
Take against Counterfeiters?"  The speech stressed the actions the EU is
taking to strengthen IP and fight piracy, including "finalization of the
EU patent," proposals to "revise both the Community Trade Mark
Regulation and the Trade Mark Directive," and "a review of the 2004 IPR
Enforcement Directive."  De Gucht noted concerns over strong IP in
developing countries, but argued it is still in developing countries'
interest to strengthen IP. He urged his audience, which he acknowledged
was mostly industry representatives, to "support our efforts to improve
and implement IPR regimes in a more active manner."  Click here for
more. <http://infojustice.org/archives/5428> 


Events and Deadlines


-          September 13 - Video Streaming on Digital Devices: Will
Broadband Clash With Copyright? <http://ipbreakfast.eventbrite.com/>  

-          September 14 - U.S. IPR Center Symposium - Online IP Theft in
the 21st Century.

-          September 16-18 - Creative Commons Global Summit. Warsaw,
Poland. <http://wiki.creativecommons.org/Global_Summit_2011> 

-          September 19 - Deadline for Submissions to MSF for "Ideas
Contest" on Ways to Amend TRIPS to promote public health

-          September 22 - Symposium of Intellectual Property (IP)
Authorities - Services for Access to Knowledge in Promoting Innovation
and Creativity. Hosted by WIPO

-          September 25 - Deadline to for Comments on EU Green Party
Reports on ACTA and the Public Interest

-          September 30 -  Workshop on Innovation and Patent
Harmonization, Boston University

-          September 26 to October 5 - WIPO Assembly of Member States

-          November 19-20 - Socially Responsible Licensing: Achieving
Social Equity through Voluntary Licensing.  Hosted by Boston University
and Warwick University.
(maybe do an actual blog about it?)


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