Year 2015

Impact Of The TPP On The Pharma Industry

The final text of the Trans-Pacific Partnership confirms beyond doubt the apprehensions expressed by civil society, academia and the generic industry about new barriers to access to medicines. The TPP has done away with several flexibilities provided under the TRIPS Agreement and the Doha Declaration on Public Health. Though the text mentions “nothing in this [IPR] Chapter limits a Party’s rights and obligations under Article 31 of the TRIPS Agreement,” the TPP Investment Chapter overrides these flexibilities, says D G Shah.

European Court Of Human Rights Finds Turkey Violated Freedom Of Expression In YouTube Blocking

Ten sites allegedly disrespectful to Kemal Attaturk, founder of modern Turkey, were enough for the courts in Turkey to ban a whole platform - YouTube - from 2008 until the end of 2010. But a ruling of the European Court of Human Rights today declared the blanket blocking a violation of the right to receive and impart information freely, protected under Article 10 of the European Convention on Human Rights.

US Congressional Study Finds Excessive Profit-Seeking In USD84K Hepatitis Drug Sovaldi

Two bipartisan United States senators today released the results of an 18-month investigation into the US$84,000 price of the Sovaldi hepatitis C drug, finding the pricing and marketing strategy was aimed at maximizing revenue at the expense of access and affordability. The new report also shows the high impact on US government drug procurement programs and other data.

Flexibility In The TPP Statutory Damages Provision

Jonathan Band writes: During the negotiation of the Trans-Pacific Partnership Agreement, many concerns were voiced about how TPP would mandate adoption of US-style statutory damages. Under the US Copyright Act, a court can award damages of up to $30,000 per work infringed, which can be ratcheted up to $150,000 per work infringed in cases of willful infringement. Scholars have found that statutory damages in the US have discouraged investment in innovative technologies while incentivizing the emergence of copyright trolls. So how bad is the statutory damages provision in the final TPP agreement?

TPP Strengthens Controversial IP Arbitration

The US government has been less than candid about the Trans-Pacific Partnership. While the agreement was being negotiated, the US Trade Representative stated that a much-criticized arbitration process included in the TPP would not apply to intellectual property. Turns out, it does apply to IP. And it provides foreign corporations with a huge advantage in IP disputes – private arbitrations that can override courts and statutes, effectively rewriting a nation’s IP laws.

Group Calls On WTO Members To Make Trade Rules Development Compatible

A group of civil society organisations is calling for endorsements of a letter to the World Trade Organization prior to the upcoming Ministerial meeting in December aimed at preventing alleged efforts by rich countries to tighten international trade rules and introduce corporate “wish-list” issues from free trade agreements into the WTO.

Compromise Future Work Plan Adopted For WIPO Committee On Enforcement

The World Intellectual Property Organization committee on enforcement concluded yesterday with an agreement on the future work of the committee. The adoption of this programme was heavily discussed during the week, reflecting the different approaches on enforcement of intellectual property rights among countries.