TPP has provision banning requirements to transfer of or access to source code of software

Updated. The TPP E-Commerce chapter has a provision banning requirements to transfer or provide access to software source code. This applies to "mass market software."

Article 14.17: Source Code
1. No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory.

Some parts of the TPP that deal with drug, medical device prices, reimbrusements

The whole TPP text.



7bis. Each Party shall make its determination on whether to grant marketing authorisation for a specific pharmaceutical product on the basis of:

TPP on registration of drugs, bans requirements to disclose or consider certain financial or pricing data.

This is from one of the 26 chapters that was never leaked before.



7bis. Each Party shall make its determination on whether to grant marketing authorisation for a specific pharmaceutical product on the basis of:

Western or Fairy Tales? Global Copyright Policies & Info Soc VII Seminary, Curitiba Brazil

Here is my presentation at the VII Seminary Internacional Sobre Sociedade Da Informacao E Propriedade intelectual organized by Professor Marcos Wachowicz, Universidade Do Parana and Professor Jose Augusto Fontoura Costa, Universidade De Sao Paulo. Participants --all experts in copyrights-- were from Spain, Portugal and Brazil and the discussions were lively and informative. Great copyright event in Curitiba, Brazil.

Despite assurances to contrary, intellectual property covered asset for TPP ISDS mechanism

The negotiators have finally released, for the first time, TPP text, which is on the web here.

Despite assurances from the contrary by Australia and USTR, intellectual property is a covered asset subject to Investor State Dispute Settlement (ISDS):

Article 9.1: Definitions

For the purposes of this Chapter:
. . .

Seminars on Drug Pricing: Part 4, Bhaven Sampat

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


Copyright norms in treaties & trade agreements - what possibly can go wrong?

My presentation at IX CODAIP, Curitiba, Brazil, on Copyright norms in treaties & trade agreements - what possibly can go wrong?.

WTO Decision on Least Developed Country (LDC) Drug Patent Waiver

For Immediate Release
3 November 2015
Contact: Zack Struver, +1 (202) 332-2670 or

Geneva — The World Trade Organization is poised to announce this Friday its approval of a limited 17-year extension of a 2001 waiver of obligations in the TRIPS Agreement, set to expire at the end of this year, the terms of which exempt Least Developed Countries (LDCs) from requirements to grant patents or related intellectual property rights on pharmaceutical products.

European parallel trade in pharmaceuticals, 2013

As candidates consider parallel trade in pharmaceutical drugs, a practice blocked by Obama during his presidency, here is how common it is in Europe, where it is regulated and mainstream, as reported in the EFPIA publication, the Pharmaceutical Industry in Figures. Key data, 2015.


Harvard's Oct. 23, 2015 forum on "Drug Pricing: Public Health Implications"

On October 23, 2015, the Harvard T.H. Chan School of Public Health hosted a forum titled "Drug Pricing: Public Health Implications," hosted by Caroline Humer, a Reuters healthcare correspondent. The forum featured a panel of four individuals who work on drug pricing:

  • Steven Pearson, President of the Institute for Clinical and Economic Review and Lecturer at Harvard Medical School

What's wrong with current system of funding R&D, and what are ideas for reforms?

I was recently asked by OSF to write a two page document that described "what was wrong with the current system of funding R&D?" and to offer some "important ideas for change." This was my two page submission.

What is wrong with the current system for funding R&D? What are the most important ideas for change?
(In two pages, for OSF meeting on drug development)

James Love
October 20, 2015

1. What is wrong with the current system for funding R&D?

Rep. Eshoo (D-CA) Sends Letter to USTR Requesting Clarification Regarding Conflicts in TPP Language on Damages and BPCIA, ISDS

On Tuesday October 20, 2015, Representative Anna Eshoo (D-CA), one of the principal authors of the Biologic Price Competition and Innovation Act (BPCIA), sent a letter to the United States Trade Representative requesting timely clarification regarding the Trans-Pacific Partnership's impact "on existing U.S. laws that limit damages for infringement of intellectual property (IP) rights, and on the potential ISDS ramifications for those conflicts."

Diapositives pour 'Dissociation- La meilleure solution pour des médicaments abordables'

Le Mardi 6 Octobre j’ai eu l’opportunité de présenter à la journée “Les connaissances scientifiques : biens privés, publics ou communs?” qui à eu lieu à Paris. Ceci était une occasion pour discuter les “conflits de pouvoir en matière de gouvernance des connaissances scientifiques.”

Letter from six NGOs to Obama on the WTO LDC patent waiver negotiation

Six NGOs — including Oxfam America, Health GAP, Knowledge Ecology International (KEI), the Union for Affordable Cancer Treatment (UACT), the Young Professionals Chronic Disease Network (YP-CDN), and Public Citizen — sent a letter to President Obama today asking him to publicly express the United States’ “full and unconditional support” for the waiver of World Trade Organization (WTO) drug patent rules for Least Developed Countries (LDCs).

Contrast in privilege: US officials working to block WTO LDC drug patent waiver, and people affected by policy

On the left, the people in the Obama Administration trying to block a permanent waiver of WTO drug patent obligations for Least Developed Countries (as defined by the UN). On the right, some people living in least developed countries.

Ambassador Michael Forman. Head of USTR. Alma maters: Princeton, Oxford and Harvard Law. Formerly ran a hedge fund for Citibank.
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