Archive for the ‘Trade’ Category
TRIPs protocol: Australian implementation consultation
Sunday, April 25th, 2010IP Australia has issued a consultation paper on implementing the TRIPS protocol.
The TRIPS protocol is the modification (or is that clarification?) of TRIPS obligations to improve the availability of “crisis” pharmaceuticals in least developed and developing countries. From the discussion paper:
The TRIPS Protocol seeks to address this problem by amending the TRIPS Agreement to permit WTO members to issue compulsory licences to produce patented pharmaceutical products for export to least-developed and developing countries. The main features of the Protocol are:
• Licences may only be issued for products of the pharmaceutical sector needed to address public health concerns.
• Countries eligible to import pharmaceuticals under the system comprise any least-developed WTO country or any other WTO country that has notified the TRIPS Council.
• Importing countries are obliged to provide the TRIPS Council with details such as the names and quantities of the products needed and whether they need to issue a compulsory licence in their own country.
• Exporting countries are obliged to notify the TRIPS Council of a range of details and ensure that importing countries have done the same.
• Both importers and exporters must have in place anti-diversion measures to ensure the products produced under the system reach the intended market and are not re-exported.
Read the paper here (pdf).
Submissions due by 4 June 2010.
ACTA coming a little bit more out of the shadows
Thursday, November 12th, 2009Michael Geist has a link to the leaked EU comments on the chapter for third party liability on the internet – being drafted by the USA.
The Guardian has weighed into the debate.
Kim Weatherall has emerged from her self-imposed seclusion to comment here, here and here.
DFAT’s must recent summary and overview of key elements. Anondyne USTR statement.
Selected microblog posts (w/e 11/09/09)
Sunday, September 13th, 2009Selected microblog posts from the past week:
- RT @VogeleLaw: Found: Mary Beth Peter’s testimony (via @cathygellis – thanks!) http://bit.ly/Cijau #gbs_hearing [US Copyright Register opposes Google Book Settlement]
- Google Book in the EU? http://ff.im/-7OYfA
- RT @MegLG: A Billion Dollar Test of the DMCA Safe Harbors in Viacom v YouTube http://ow.ly/om66 via Cyberlaw Cases
- RT @michaelgeist: Microsoft wins stay of injunction on Word. Case arises from patent claim by Toronto’s i4i.http://bit.ly/oDmLU
- IP Think Tank Blog looks at i4i v Microsofthttp://ff.im/-7zfKp
- AAR on UWA v Gray – Universities and their employees: who owns developed IP? http://ff.im/-7RmgI
- Hannahland: Ph D candidate on UWA v Gray http://ff.im/-7WcoR
- RT @filemot: Useful note on Bose case and reckless US trademark intent to use statements by foreignershttp://tr.im/yb7L
- Even the Australian doesn’t believe the Govt’s attempt to filter the web (RT @nicsuzor) http://ff.im/-7zg5v
- RT @IPThinkTank: ACTA 5th negotiation roundhttp://short.to/pqtt
- SPICY IP: WTO rules in favour of Brazil, allows for cross retaliation against U.S. IPRs http://ff.im/-7KvwX
Working a patent for regulatory approvals
Wednesday, May 6th, 2009Patently-O considers a new Federal Circuit case in the USA dealing with the scope of s 271(e)(1) – a defence to infringement by working the patent to prepare regulatory data.
It would appear that the defence should now apply in proceedings against imports before the ITC.
Patents Act 1990 (Cth) s 119A (introduced with effect from 25 October 2006 following ACIP’s report) permits such activity where the working:
- is for purposes of having a therapeutic pharmaceutical product included in the Australian Register of Therapeutic Goods;
- or a similar foreign regulatory approval.
Although working for a foreign regulatory approval may take place only in the supplementary protection period (see e.g. ACIP on experimental use p. 44 (pdf)).
See now Alphapharm Pty Ltd v H Lundbeck A/S [2008] FCA 559 at [643]ff.
IP Australia is considering extending this: see paragraphs 9 and 17 of IP Australia’s Consultation Paper on experimental use (pdf) [NOTE: submissions should be in by 8 May 2009. Submissions on the Getting the Balance Right paper (pdf) are also due by then.]
WIPO’s Standing Committee on Patents has a study paper on exceptions and limitations as an area of increased focus.
Patents, pharmaceuticals and exports
Wednesday, May 6th, 2009I’m not quite sure why, but the blogosphere is increasingly chattering again about relaxing the rules against infringing a patent by making the protected product (esp. a pharmaceutical) for export:
IP’s What’s Up reviews the TRIPS status including the DOHA declaration and its rather tentative take up.
ACTA
Sunday, April 26th, 2009The USTR has released a 6 page (pdf) outline of issues being dealt with under the proposed ACTA.
Link via Intellectual Property Watch.
The IP Dragon has links to a 48 page document with rather more information.
More tea leaf sifting here.
(Sino) Free Trade Agreements
Tuesday, April 21st, 2009IPDragon reviews Professor Yu’s analysis of why free trade agreements (STAs) are different from the things the USA imposes on people or EU agreements here (with links to Professor Yu’s article Sino Trade Agreements and China’s Global Intellectual Property Rights).
Free trade Dream Time
Tuesday, March 24th, 2009Australia has entered into Free Trade Agreements (1) with NZ and ASEAN and (2) with Chile.
ASEAN as a bloc is apparently our largest trading partner.
Chapter 13 deals with Intellectual Property. Various fact sheets, e.g. Pharmaceuticals, deal with our exports or imports thereto.
Minister Crean’s press releases here and here.
AANZFTA here and chapter 13 here; Australian guide with links to all sorts of things. Trade overview. The words “may” and “shall endeavour to” feature quite a lot in Chapter 13.
Australia-Chile FTA index and chapter 17 (IP) here.
Hey, our 12 month grace period for filing patents will work in Chile, see art. 17.22! Can’t spot a corresponding provision in the AANZFTA? Also, to facilitate domain name dispute resolution, Chile has agreed to adopt an UDRP-style dispute resolution process for its cc.TLD (assuming it doesn’t already have one, of course).
Unfair contracts
Wednesday, March 11th, 2009The Australian Government has announced that it will be fastracking new consumer laws protecting against unfair contracts, with the aim of the law being introduced in June 2009 and in force by January 2010.
David Jacobson has a detailed report with links to consultation papers etc. here.
Stephen King gets exercised about the economics here.
Whatever happened to that old case involving Fleetwood Mac and Clifford Davis management or Amadio?
