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2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

Call For Transparency In The Trans-Pacific Partnership Negotiation

In this post, three US law professors explain a recent call by over 30 legal scholars for the US Trade Representative to increase transparency for the Trans-Pacific Partnership Agreement intellectual property chapter, and their response to Ambassador Kirk’s response that he is “strongly offended” by the suggestion that the negotiation is not adequately transparent already.





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    Bird Flu Pandemic Priority For WHO Board As Nations Scramble For Supplies

    Published on 24 January 2006 @ 12:24 pm

    By for Intellectual Property Watch

    Pandemic influenza preparedness figures prominently on the agenda of the World Health Organisation’s board meeting this week, and countries are still deeply concerned about the lack of supply, according to sources.

    One of them is Egypt. A domestic media debate erupted after it became known that the country has only been supplied with some 1,000 packs of Tamiflu — the medicine believed to be most effective in case of an outbreak of pandemic influenza in humans — instead of the 60-70,000 packs that Egypt had ordered for its 75 million people, an Egyptian government official said in an interview.

    The lack of medicine (Tamiflu) is becoming a “huge problem” in Egypt, the official said. The country had placed the order with Swiss pharmaceutical company Roche, the only company marketing the product worldwide.

    A Roche spokesperson told Intellectual Property Watch that it had been in talks with a number of companies to help it increase its production capacity. These arrangements do not require any licensing, which would require Roche to share its patent rights. Some 200 companies expressed interest, 12 of which Roche has chosen for further “talks in detail,” a spokesperson said.

    But Roche also has granted two sub-licenses, under which it gives the companies the right to produce Tamiflu for a certain period of time under a different name despite Roche’s patent rights to the product. The companies would pay Roche royalties for sales of the products, the spokesperson said.

    The two companies with sub-licenses are Hetero Drugs in India and Shanghai Pharmaceutical Group in China, the spokesperson said, adding that these companies were to produce their own version of Tamiflu that would have local brand names. He said that in these two cases Roche would provide the recipe for the compound oseltamivir, the active substance in Tamiflu.

    The Shanghai company would only produce for the home market, however, while the Indian company would also be able to export the product to “some defined countries” under the deal, the spokesperson said. Roche has indicated that Hetero will be able to start supplying the drug during the first half of 2006, according to a Hetero press release, which also notes that the importing countries will be “other developing nations.”

    The Roche spokesperson emphasised that it was in fact the US biopharmaceutical company Gilead Sciences that held the patent rights to oseltamivir, but Roche had licensed the rights from Gilead and developed the product further (IPW, Public health, 16 November 2005).

    Avian Flu Discussed at the Board Meeting

    At the board meeting a government official from Vietnam said that no cases of avian flu had been reported in that country within the past two months. He also said that it was vital to expand global production of vaccines and to develop clear policy guidance for stockpiling of medicines.

    A government official from Thailand warned that countries that do not have any production capacity for medicines or vaccines for avian flu should “expect to be on your own.”

    He said that a Tamiflu tablet used to cost US$3 in Thailand (a significant sum for people earning the lowest wage) but Thailand learned from Brazil how to lower prices. The government announced last month that it wanted to produce a generic version of the product, the official said, for $1.50 per tablet. The day after, the pharmaceutical industry replied that it was willing to sell its original product for $1.40 per tablet, he said.

    At the board meeting, Margaret Chan, assistant director general of the communicable diseases cluster at the WHO, welcomed the “generous donation of Roche” of Tamiflu to the WHO. Earlier this month, Roche announced that it would donate a further two million treatment courses of Tamiflu to the WHO, taking the total WHO stock up to 5.125 million treatment courses, according to Roche.

    While previous donations are stored centrally, these will be stored regionally in places to be determined by the WHO, Roche said.

    WHO Director General Lee Jong-wook briefed the board meeting on the current issue of avian flu in Turkey, where 21 human cases of avian influenza have been reported by the national influenza centre in Ankara, of whom four have died. “One hundred thousand treatment courses of oseltamivir were delivered one day after the first cases were confirmed,” Lee said.

    Lee said the WHO has drawn up a pandemic influenza strategic action plan for this year and next, and the draft containment plan will be posted on the WHO website by the end of this week. The board also will discuss how countries may voluntarily comply with selected provisions of the revised International Health Regulations, a binding global arrangement ensuring the best approach to preventing the spread of diseases, to come into force in June 2007, it says.

    The board also noted the $1.9 billion that had been pledged in loans and grants at the international pledging conference on avian and human influenza in Beijing on 17-18 January. The WHO said that avian influenza has lead to 79 deaths globally so far, and over the past two years, six countries have reported outbreaks in humans. No cases of human-to-human transmission of the virus have been reported so far, the WHO said.

     


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.