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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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    UNITAID Patent Pool Budget Approved; Implementation To Begin

    Published on 13 April 2010 @ 6:07 pm

    By , Intellectual Property Watch

    Today, board members of international drug purchasing mechanism UNITAID approved a 2010 budget for a pioneering patent pool initiative.

    The Finance and Administration Committee of UNITAID decided to budget approximately $3.9 million for the creation of the patent pool, a UNITAID spokesperson told Intellectual Property Watch. This decision means that implementation of the project – a plan for which was approved in December – may now begin in earnest.

    At a UNITAID board meeting in December (IPW, Public Health, 14 December 2009), a sum of “up to $4 million for the setting up of the patent pool in 2010” was approved [pdf], subject to the approval of the Finance and Administration Committee.

    The committee’s members are: the African Union, Chile, France (Chair), Spain, the United Kingdom (Vice Chair), Communities, the Bill & Melinda Gates Foundation, and the World Health Organization, according to the UNITAID website.

    Also this week, the UNITAID Policy and Strategy Committee will meet informally to discuss the patent pool’s legal structure on Thursday.

    The policy and strategy meeting is intended to be a “brainstorming session,” the spokesperson said.

    On the table for Thursday, according to the decisions [pdf] of a 5 February meeting of UNITAID’s board, are: creating a memorandum of understanding between UNITAID and the “Patent Pool Foundation” that will run the project, as well as other details such as: technology transfer mechanisms; consistency with other international agreements and non-interference with national laws (including patent laws) that govern access to medicines; transparency and review mechanisms; and quality and safety measures. More details are available from the February meeting minutes here [pdf].

    The memorandum of understanding is expected to be approved at the next UNITAID board meeting, scheduled for 8-9 June.

    The patent pool is intended to facilitate the creation of lower-cost generic drugs in developing countries, and to facilitate innovation in needed areas, such as AIDS medicines suitable for children. It does this by creating a “one-stop shop” for the licensing of needed technology, which reduces the costs of searching for patent holders and drawing up agreements with several different owners.

    Kaitlin Mara may be reached at kmara@ip-watch.ch.

     

    Comments

    1. Intellectual Property Watch » Blog Archive » UNITAID Patent Pool … says:

      [...] more here: Intellectual Property Watch » Blog Archive » UNITAID Patent Pool … Posted in Intellectual | Tags: 16-page-selection, and, important-stories, Intellectual, most, [...]

    2. China Relaxes Government Procurement Policy « Innovators Network Blog says:

      [...] IP piece o' the day: UNITAID Patent Pool Budget Approved; Implementation To Begin by Kaitlin Mara at Intellectual Property [...]

    3. Gena777 says:

      Like compulsory licensing, patent pools are an intriguing and progressive addition to the traditional options in patent law. I look forward to seeing the results of this experiment.

    4. Marek says:

      Lower-cost generic drugs in developing countries? I want to believe it will happen but I am a little bit afraid that some companies are not interested in lower-cost drugs production. I hope I am wrong.


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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.