KEI intervention on definition of broadcasting

WIPO SCCR 31 is having a text based discussion of the language for a proposed broadcasting treaty. The meeting is open to NGOs, instant transcripts are streamed over the Internet, and the proceedings are webcast. I was allowed to make to technical interventions this afternoon on the definitions. This is a slightly edited version of my second intervention, on the question of whether or not to have separate definitions for broadcasting and cable casting.

SCCR 31: Day 1. Statement of India regarding the broadcasting treaty

The Delegation of India made the following elegant but extremely to the point statement:

Opening Statement by India on the Broadcasting Treaty at the 31st session of the Standing Committee Copyright and Related Rights at WIPO on 7 December 2015, delivered by Dr. Sumit Seth, First Secretary (Economic)

Thank your Mr. Chairman

SCCR 31 Day 1. Debate on Definitions for Broadcasting & Cablecasting Treaty

DAY 1 (12/7/15) SCCR 31 Re Definitions

This is the text the member states are dicussing this afternoon:

For the purposes of this Treaty:

(a) “signal” means an electronically generated carrier capable of transmitting a broadcast or
cablecast encrypted or not which carries the programmed output of a broadcasting organization.


(b) (1) “broadcasting” means the transmission by wireless means for reception by the
public of sounds or of images or of images and sounds or of the representations thereof, such

WIPO SCCR 31: Check out the Text for Broadcasting & Cablecasting Treaty

At the close of the last meeting (June 29 to July 3, 2015), the WIPO Standing Committee on Copyright and Related Rights (SCCR) requested that the Chair prepare for its next session (December 7 to 11, 2015) a "consolidated text" with respect to 1) definitions, 2) object of protection, and 3) rights to be granted for the proposed treaty for the protection of broadcasting and cablecasting organizations.

WIPO SCP23 - 1 December 2015 - Statement of Knowledge Ecology International on Patents and Health

1 December 2015

World Intellectual Property Organization (WIPO) Standing Committee on the Law of Patents (SCP 23)

KEI Statement on Patents and Health

Thank you Madame Chair

KEI’s Initial Comments on the MPP/BMS license to patents and know-how for daclatasvir (DCV)

KEI’s Initial Comments on the MPP/BMS license to patents and know-how for daclatasvir (DCV)

November 23, 2015

FYI: Contact: Andrew Goldman ( or Zack Struver (

Knowledge Ecology International (KEI) notes the successful conclusion of negotiations between Bristol-Myers Squibb (BMS) and the Medicines Patent Pool (MPP) for a royalty-free license and technology transfer agreement on daclatasvir (DCV), an important new medicine for the treatment of the hepatitis C virus (HCV), and offers comments on the agreement.

23 November 2015: Opening statement of Asia and the Pacific Group at Tenth Session of WIPO Advisory Committee on Enforcement

The tenth session of the World Intellectual Property Organization's (WIPO) Advisory Committee on Enforcement (ACE) meets from Monday, 23 November 2015 to Wednesday, 25 November 2015.

As noted by WIPO, the

Advisory Committee on Enforcement (ACE) was established by the 2002 WIPO General Assemblies with a mandate to carry out technical assistance and coordination in the field of enforcement (norm-setting is explicitly excluded from the mandate).

US ITC notice for public comment, Jan 13, 2016 hearing, and Commission report on the TransPacific Partnership Agreement (TPP)

Here is the US International Trade Commission (USITC) notice for the public hearing, public comments and Commission report on the Trans-Pacific Partnership Agreement (TPP). The deadlines and other requirements for participation may be strictly enforced. Note the ITC anticipates transmitting its report to the President and the Congress on May 18, 2016.

My testimony this morning at the US ITC hearing on "Economic Impact of Trade Agreements"

Attached is a PDF file with my testimony this morning for the United States International Trade Commission (USITC) hearing on
"Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedure”, 2016 Report. Inv. No.: 332­555 November 17, 2015

Manon Ress also provided testimony at this hearing, for the Union for Affordable Cancer Treatment (UACT). A copy of her testimony is available here.

Seminars on Drug Pricing: Part 5 Kevin Outterson, Antibiotic Delinkage

Here is a link to the recording of the seminar. Please see Professor Outterson's slideshow for more detail and explanation.


Tentative witness list for USITC hearing on Economic Impact of Trade Agreements

This is the tentative witness list for the November 17, 2015 United States International Trade Commission (USITC) hearing on "Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedure, 2016 Report. Inv. No.: 332-555"

The August 4, 2015 USITC notice about the hearing is here.

Dr. Margaret Chan: TPP may "close access to affordable medicines"

World Health Organization (WHO) Director-General Dr. Margaret Chan addressed civil society and policy-oriented “think tanks” on November 12, 2015, and “challenge[d]” them to “help with issues that keep me awake at night.” Specifically, she mentioned the problems with pharmaceutical patents, high drug prices as a barrier to access, and the current system of incentives for new drug innovation. Dr. Chan also raised concerns about the the TPP, which she said may raise drug prices and harm access to generics.

US Chamber of Commerce lauds USPTO for securing a time-bound LDC waiver for pharmaceutical products

Nestled at the end Intellectual Property Watch's (IP-Watch) brilliant reportage of a US Chamber of Commerce event - "Has the Sun Set on Multilateral Rulemaking on IP?” - is a quote by Patrick Kilbride (Executive Director, U.S. Chamber of Commerce's Global IP Center) praising the efforts of the US Patent and Trademark Office (USPTO) in WTO negotiations on the LDC waiver for pharmaceutical products.

IP-Watch reported,

Joint NGO Statement on TRIPS Council Decision On Extension of the Transition Period Concerning Pharmaceutical Products

TRIPS Council Decision On Extension of the Transition Period Concerning Pharmaceutical Products

(PDF copy available here)

Today (6th November), the WTO-TRIPS Council adopted a decision granting Least Developed Countries (LDCs) an exemption from patents and test data protection for pharmaceutical products for a duration of 17 years.

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