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IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

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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.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    Members Of US Congress Seek Pressure On India Over IP Rights

    Published on 20 June 2013 @ 11:34 pm

    By , Intellectual Property Watch

    A large portion of the United States Congress this week signed on to a letter to President Obama criticising India for its treatment of intellectual property rights. And a second letter was sent today from the House Way & Means Committee, which oversee trade issues. [Update:] A third letter also was sent today by 40 senators to Secretary of State John Kerry on the eve of the US-India Strategic Dialogue.

    In the first letter, the members question the “appropriateness” of Indian court decisions rejecting a western pharmaceutical industry practice of extending monopoly patent protection for decades beyond its original expiration date. They also question India’s right to use compulsory licensing to make “life-saving” drugs cheaper and more available, a measure agreed to under international trade rules.

    Some 170 congressional members signed the letter dated 18 June, available here [pdf] via the Knowledge Ecology International website. There are 435 members of Congress.

    US industry simultaneously launched a coalition on the same subject this week (IPW, US Policy, 18 June 2013).

    India is a leader in producing generic pharmaceuticals after they come off patent.

    In the second letter, dated 20 June and available here [pdf], the Ways & Means Committee members told Obama: “[W]e have seen a disturbing trend in which India is turning inward and erecting barriers to trade and investment – directly and negatively affecting the ability of U.S. manufacturers, farmers, and ranchers to sell to, enter, and operate in India and access 1.2 billion new customers. India is at a crossroads to determine whether it will continue market liberalizing policies that have led to its strong growth and rapid rise over the past twenty years or turn back the clock. As a result, this year’s meetings provide a particularly timely opportunity to encourage India to pursue market-based policies and reforms instead of erecting barriers that hurt U.S. exporters, investors, and workers as well as its own citizens.

    The letter further explained the argument for challenging India’s use of compulsory licensing. “While the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), as interpreted by the Doha Declaration on the TRIPS Agreement and Public Health (Doha Declaration), permits the issuance of CLs under limited circumstances, it makes clear that countries cannot use them in a manner that discriminates against imports or in favor of domestic manufacturing,” it said. “India’s actions thus appear to contravene India’s obligations and the Doha Declaration.”

    [Update:] In the letter from 40 senators (out of the total 100) to Kerry, they urged the State Department to take steps to stop India’s “discriminatory trade and economic practices.”

    The senators’ letter is here.

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

     


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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.

     

     
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