The TPP’s Reckless Proposals For Damages Will Have Negative Impact On Future Reform Of IPR Regimes

Jamie Love

James Love writes: This week negotiators from a dozen countries are meeting to finalize the rules for the Trans Pacific Partnership (TPP) trade agreement. When or if concluded, this massive regional trade agreement will set new standards for the grant of property rights in knowledge, and the enforcement of those rights.

The TPP chapter on intellectual property covers all intellectual property types included in Part II of the WTO’s TRIPS agreement, plus some others, including not only patents, copyrights and trademarks, but also “undisclosed information”, test data for the registration of drugs, industrial designs, layout-designs of integrated circuits. The rules in the TPP are intended by the United States to become global norms, effectively replacing TRIPS.

While there are plenty of issues in the TPP IP Chapter, this note only addresses one set of issues — those relating to the remedies for the infringement of intellectual property rights. The remedies include such topics as injunctions, damages, and the seizure or destruction of infringing goods.

Nairobi WTO Ministerial Conference Preparation On Track, Says Ambassador

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“Membership is comfortable with the level of preparedness and what we have done as a country” to host the December trade ministerial, the Kenyan trade minister told press at the World Trade Organization today.

As TPP Ministers Meet, NGOs Make Urgent Push For Public Interest

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Trade ministers negotiating the Trans-Pacific Partnership (TPP) agreement meet this week in Maui, Hawaii to try to finish the deal. Along with them are numerous public interest groups strenuously lobbying to steer the deal away from single-minded corporate interest.

France Spearheads Push For Plain Packaging Of Tobacco Products

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The country that made smoking cool is now taking steps to make it uncool. France this week organised what it defined as “the first international ministerial meeting” on plain packaging for tobacco products, gathering countries that support the public health measure aimed at discouraging tobacco use.

Coalition Asks WIPO To Follow Proposed Guidelines To Better Defend IP Rights

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An international coalition of intellectual property rights defenders wrote a letter to World Intellectual Property Organization Director General Francis Gurry yesterday providing suggested international guidelines to protect IP rights.

WIPO Program And Budget Committee Works Through Issues

WIPO Program and Budget Committee

The World Intellectual Property Organization Program and Budget Committee (PBC) last week took note of WIPO’s mostly positive 2014 progress report, walked through its proposed program and budget for 2016-2017, and addressed issues of investment, governance, new external offices, and development. Many issues will be carried forward to the next PBC meeting in mid-September, just prior to the annual WIPO General Assembly.

Treaty On ‘Medicines Crime’ Not Best Response To Counterfeit/Substandard Medicines, Paper Says

A recent paper by public health experts argues that a treaty on ‘medicines crime’ to combat counterfeit and substandard medicines may not be the best step forward. Rather, it proposes to form an international agreement to “ensure that all proven effective and necessary medicines are affordable, available, and of assured quality,” if the goal is to protect the interests of people and public health.

ITU Secretary General Visits Old Archrival IETF

ITU Secretary General Houlin Zhao at IETF Prague, photo credit Monika Ermert

PRAGUE, CZECH REPUBLIC — International Telecommunication Union Secretary General Houlin Zhao today called for more cooperation between his organisation and other standardisation bodies, including the Internet Engineering Task Force (IETF).

Investor-State Cases Could Have Cost Cash-Strapped Argentina $80B, Paper Says

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A new developing country policy brief warns against use of the investor-state dispute settlement mechanism, arguing that it has a low capacity to adapt to exceptional circumstances that can afflict developing countries.

Cuba Says It Has Protected 5000 US IPRs, While US Violates Its Rights

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Cuba has been trying for many years to get the United States to undo a law that prevents Cuba from defending a rum brand trademark in US courts. This week at the World Trade Organization, the Caribbean country said during this time it has dutifully protected the intellectual property rights of more than 5,000 US products, while the US has allowed violations of Cuban patents and trademarks.