James Love's blog

Revised agenda for Feb 24 USTR Special 301 hearing

Here is the REVISED agenda for the Special 301 hearing on February 24. Public Citizen has been added to the list of witnesses, and USTR now lists the names of the speakers for the various trade associations. Unlike recent years, the level of participation by major trade organizations is significant.

February 24, 2014 – 10:00 a.m.

Office of the United States Trade Representative
1724 F Street, NW
Washington, D.C. 20508

The Special 301 Hearing is open to the public. Members of the press are welcome to attend.

Alliance for Fair Trade with India (AFTI): Ground zero for trade sanctions against India

The Alliance for Fair Trade with India (AFTI) was created in June 2013, to lobby for "increased action to address the erosion of intellectual property rights ("IPR") in India." According to the group, it is "comprised of organizations representing a range of U.S. industries adversely impacted by India's troubling and frequently discriminatory policies, including manufacturing, agriculture, telecommunications, pharmaceuticals and beyond."

NFTC, a US trade association, asks USTR to sanction China for issuing and enforcing "junk patents" (2014 submission)

A February 7, 2014 Special 301 submission from the National Foreign Trade Council (NFTC) asks USTR to bring trade sanctions against China for granting and enforcing "junk patents." The NFTC also wants patent enforcement to be strickly a private civil remedy (Contrast to the USTR demands that countries implement linkage between drug registration and patents), and complains about China rules that would require employers to more fairly compensation the Chinese inventors they

KEI files comments with USTR on 2014 Special 301

Attached in the February 7, 2014, KEI Special 301 Submission.

KEI was a web page with more context on the Special 301 reports, including links to several submissions, and all Special 301 Reports from 1989 to 2013 (all that exist), here: http://keionline.org/ustr/special301

HAI and Medicus Mundi statements at WHO EB on CEWG demonstration projects

Three NGOs, Medicus Mundi International, HAI and MSF, each read statements during the EB discussions on the CEWG demonstration projects. The statements were limited to 300 words, and NGOs were required to provide the text 24 hours before the agenda item, and obtain WHO approval of the content. KEI worked with HAI on its statement, and the Peoples Health Movement worked with MMI on its statement. The text of the HAI and MMI statements follow:

Health Action International (HAI) statement to EB 134 On agenda item 9.3, follow up to CEWG on financing and coordination

Bayer CEO Marijn Dekkers explains: Nexavar cancer drug is for "western patients who can afford it.”

Bayer CEO Marijn Dekkers called the Nexavar compulsory license “essentially theft.”

[UPDATE: The latest blog and transcript of Bayer CEO Marijn Dekkers' full quote on the Indian compulsory license of Nexavar at the December Financial Times event is now available.]

New leaked Merck missive reveals deep drug, medical device company opposition to South African patent reforms

James K Glassman
James K. Glassman. Merck said Glassman's public relations firm was selected by PhRMA to lead a campaign to keep drug prices high in South Africa. The Health Minister in South Africa referred to the campaign proposal as a genocidal conspiracy of satanic magnitude.

KEI testimony on WIPO broadcasting treaty, to House Judiciary Subcommittee on Courts, Intellectual Property, and Internet

Testimony of James Packard Love
Hearing on: The Scope of Copyright Protection
January 14, 2014
Subcommittee on Courts, Intellectual Property, and the Internet

My 10 page written statement is here: http://keionline.org/sites/default/files/JamesLove_Testimony.pdf

My 5 minute oral statement follows:

James Packard Love, Opening statement

Hearing on: The Scope of Copyright Protection
January 14, 2014
Subcommittee on Courts, Intellectual Property, and the Internet

Fast track trade bill fails to correct asymmetric secrecy of trade negotiations

Today Senators Bacus and Hatch introduced fast track legislation in the Senate. The words transparent or transparency appear 17 times in the 107 page bill, but only twice in connection with "Trade Institution Transparency."

USPTO 2013 utility patent grants (notes on country of assignment, invention class, government rights in patents)

In 2013, the USPTO issued 277,861 utility patents, a new record in terms of the numbers of patent grants, and an increase of 9.8 percent over 2012.*

Country of Assignment

Of the total, 126,574 (45.6 percent) were assigned to a US owner, a small increase in the percent held by US entities over 2012.

Final conclusions, as approved, for meeting of WIPO SCCR 26

Below is the final version of the conclusions from SCCR 26 (followed at the end with a short KEI commentary).

World Intellectual Property Organization (WIPO)
Standing Committee on Copyright and Related Rights (SCCR)
Twenty–sixth Session
Geneva, December 20, 2013


Protection of Broadcasting Organizations

Proposed conclusions to SCCR 26

See PDF attachment. Note that PDF has pages 2 and 3 out of order.

United States’ Opening Statement on Exceptions and Limitations SCCR 26 December 18, 2013

This was delivered this morning, by Shira Perlmutter of USPTO.

United States’ Opening Statement on Exceptions and Limitations SCCR 26 December 18, 2013

* The United States starts with the recognition that exceptions and limitations are a critical element of a balanced and vibrant copyright law regime.

* A combination of strong protections for authors, and appropriate exceptions and limitations on their rights, together serve to further copyright’s goals of encouraging creativity, innovation, and learning.

Michelle K. Lee to become Deputy Director of the USPTO. A very high tech appointment (and that is a good thing)

USPTO has issued a press release, announcing the appointment of Michelle K. Lee as Deputy Director of the USPTO, beginning in January 13, 2014. Currently Lee is the Director of the USPTO’s Silicon Valley satellite office. The White House reportedly wanted to appoint Lee as the Director, but may have seen the Deputy position as less controversial. For the near future, Lee will be running the USPTO, and will be the most sophisticated person as regards technology to do so, at least in our memory. According to the USPTO Press Release:


December 10, 2013

We, the Ministers and Heads of Delegation for Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam, have just completed a four-day Ministerial meeting in Singapore where we have made substantial progress toward completing the Trans-Pacific Partnership agreement.

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