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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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    Civil Society, Elected Officials Rally Behind UNITAID Patent Pool

    Published on 14 December 2009 @ 8:00 pm

    By , Intellectual Property Watch

    This week’s consideration of an implementation plan for a medicines patent pool by the board of oversight body UNITAID stirred a stream of stakeholder letters from around the world. The board adopted the implementation plan today.

    [Update: the UNITAID board today approved the plan, which will begin operating in mid-2010, according to a press release. UNITAID has identified 19 products for potential inclusion in the pool, and will be talking with companies to reach agreements to allow generics companies to get cheaper versions out.]

    UNITAID, a drug purchasing facility, is in the process of implementing a patent pool for HIV/AIDS medicines, aimed at bringing lower priced needed medicines to developing countries. The UNITAID Executive Board is meeting on 14-15 December to discuss and approve the implementation plan (IPW, WHO, 11 December 2009).

    An 11 December letter stating support for the patent pool was sent by US Representatives Henry Waxman and Barbara Lee, both California Democrats, to US Secretary of State Hillary Clinton and US Global AIDS Coordinator Eric Goosby. Waxman is chairman of the House Energy and Commerce Committee. Their letter asked for more information about the US AIDS programme and its efforts to lower prices and increase accessibility of needed medicines. It also said of the UNITAID patent pool initiative:

    “While the framework is still in its early stages, we believe it is a promising example of a way to promote drug access and innovation while appropriately protecting intellectual property rights and stimulating further research and development,” Waxman and Lee said. “The United States is not an official partner in UNITAID, but our programs and partner countries could benefit from the expanded availability a patent pool could provide.”

    From India, a range of civil society groups such as the National Working Group on Patent Laws and the Centre for Trade and Development (Centad) sent a lengthy letter dated 11 December to the board urging greater transparency in the implementation plan process and consideration for India’s patent law provisions which prevent, among other things, evergreening of existing patents, patent oppositions, and the right to use compulsory licences. Other Indian concerns are the possible undermining of the 2016 deadline for least-developed countries to adopt the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), controlling generic competition, and lack of clarity on licensing terms and negotiations.

    The Asia Pacific Network of People Living with HIV/AIDS also sent a letter to the board, dated 10 December, urged that the pool apply to middle-income developing countries such as Thailand, and that existing public health safeguards not be undermined.

    Several of the civil society letters were posted to Knowledge Ecology International’s ip-health listserv. KEI president James Love responded to the Indian letter and others to defend UNITAID as having limited leverage, suggesting the voluntary pool could extend to medical technology, and suggesting an avoidance of the debate over whether a country can grant a patent in the first place as it is not related to the implementation plan.

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. The Global Pulse Journal Blog » Blog Archive » UNITAID Patent Pool for HIV/AIDS Drugs Approved! says:

      [...] Read about support for the Patent Pool from MSF and political and civil society leaders. [...]

    2. Unbiased HIV Patent Pool: A Free-Market, Middle-Income Countries Open Model | Intellectual Property Watch says:

      [...] New W. Civil society, elected officials rally behind UNITAID patent pool. Intellectual Property Watch, 14 December 2009. Available here. [...]


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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.