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Ways and Means Democrats Urge USTR to Strike Balance Between Patent and Public Health Issues in Upcoming Trade Negotiations

Ways and Means Democrats Urge USTR to Strike Balance Between Patent and Public Health Issues in Upcoming Trade Negotiations Ways and Means Committee Chairman Charles B. Rangel and Trade Subcommittee Chairman Sander M. Levin joined fellow Committee Members Rahm Emanuel and Chris Van Hollen in a letter today urging the United States Trade Representative (USTR) to strike a balance between patent and public health issues in upcoming trade negotiations. The letter outlined the members’ concerns that current efforts are not adequately addressing the need to improve public health, particularly in developing nations.

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In Lawsuit, Georgia State Asserts That Downloading Copyrighted Texts Is Fair Use

In Lawsuit, Georgia State Asserts That Downloading Copyrighted Texts Is Fair Use In a closely watched copyright-infringement lawsuit, Georgia State University fired back this week at its accusers, three academic publishers that say the institution invites students to illegally download and print readings from thousands of works. The university asserts that its online distribution of course material is permitted under copyright law's fair-use exemption.

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Consumer Groups Defend Vermont Prescription Data Privacy Law

Consumer Groups Defend Vermont Prescription Data Privacy Law Washington, D.C. (June 23, 2008) – Vermont’s law restricting the sale of prescription drug information that identifies prescribers and patients for commercial marketing purposes does not restrict free speech and serves substantial governmental interests, according to a brief to be filed today by an American University Washington College of Law professor on behalf of AARP and organizations representing physicians, state legislatures, consumers and public policy advocates.

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Associated Press to Set Guidelines for Using Its Articles in Blogs

Associated Press to Set Guidelines for Using Its Articles in Blogs The Associated Press said that it will attempt to define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt without infringing on The A.P.’s copyright. The effort to impose some guidelines on the free-wheeling blogosphere, where extensive quoting and even copying of entire news articles is common, may offer a prominent definition of the important but vague doctrine of “fair use,” which holds that copyright owners cannot ban others from using small bits of their works under some circumstances. For example, a book reviewer is allowed to quote passages from the work without permission from the publisher.

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Filipino President Arroyo Signs Cheaper Medicine Law

Filipino President Arroyo Signs Cheaper Medicine Law Filipinos can now expect more low-cost medicine in the market with the signing into law of the Universally Accessible, Cheaper and Quality Medicine Act of 2008. The law allows the government to use patented drugs when the interest of the public is at stake, allows generic firms to test their products before patent expiry, and allows parallel imports of pharmaceuticals. It prohibits second-use patents for drugs already on the market.

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Negotiations for an Anti-Counterfeiting Trade Agreement raise concerns


The US, EU and eleven other developed countries have initiated talks to form an Anti-Counterfeiting Trade Agreement (ACTA). The talks have been confidential, and no formal text is available, but a “Discussion Paper” circulated among participants was leaked and is now available on the web.

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Supreme Court Reaffirms Principles of Patent Exhaustion in Quanta Computer v. LG Electronics, No. 06-937


In a widely anticipated case, the Supreme Court issued a unanimous but narrow decision holding that the sale by an authorized licensee (Intel Corp.) of computer microprocessors and chipsets that “substantially embodied” LGE’s patented methods of retrieving, processing, and transferring stored data “exhausted” LGE’s patent rights, and thus the purchaser of the microprocessors and chipsets (Quanta) was not liable for selling completed computers that integrated the microprocessors and chipsets.

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Overview of the Human Rights and Access to Medicines Legal Education Initiative


Last month, I traveled to South Africa to launch a new Human Rights and Access to Medicines Legal Education Initiative. The objectives of the Initiative, which is sponsored by the Open Society Institute, is to create (1) an annual short course on Human Rights and Access to Medicines at the University of Pretoria's Center for Human Rights, and (2) a student advocacy project to assist advocates develop human rights strategies to complement and amplify access to medicines campaigns.

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Views on the 61st World Health Assembly Adoption of 'Global Strategy on Public Health, Innovation and Intellectual Property'


On 24 May 2008, the 61st World Health Assembly, the World Health Organization’s highest governing body, adopted the Global Strategy on Public, Innovation and Intellectual Property. This blog entry contains a collection of quotes from civil society and government officials on the negotiations and the final document.

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U.S. Competition Policy Frequently Deployed to Remedy Anti-Competitive Practices Related to Pharmaceutical Patents


U.S. competition authorities often issue compulsory licenses in conjunction with merger approval decisions, as a means to ensure competition in particular markets is maintained post-merger. Competition authorities have repeatedly prosecuted cases to prohibit collusive arrangements between patent holders and generic firms that are designed to delay generic competition.

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En Banc Federal Circuit Addresses Patentable Subject Matter in In re Bilski.


The Federal Circuit heard oral argument yesterday on a case addressing a three-step method of hedging commodities consumption price risks. The claim requires that a person initiate transactions with commodities purchases at a fixed price based on historic averages, identify other purchasers having a different risk position, and then initiate transactions with those other purchasers.

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Suspending IP Obligations Under TRIPS: A Viable Alternative to Enforce Prevailing WTO Rulings?


In two recent prominent disputes in the World Trade Organization (WTO), developing country complainants are using the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) to induce compliance with favorable WTO rulings. Brazil in the US – Cotton dispute and Antigua in the US – Gambling case announced their intention to “cross-retaliate” against WTO-inconsistent measures of the US by suspending obligations under TRIPS. This approach can offer a practical alternative enforcement mechanism especially for developing countries and smaller economies in disputes against (industrialized) countries with significantly greater economic power in international trade.

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PIJIP Snapshot of Industry Influence on the 2008 Special 301 Report


PIJIP has compared the US Trade Representative's 2008 Special 301 Report to input it received from the copyright-owner and pharmaceutical industries. The Special 301 Report identifies IP policies and practices in foreign countries which the US government considers harmful to American IP owners. The PIJIP comparison shows that the US government is fairly responsive to industry, although some industry recommendations carry more weight than others.

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Forthcoming OECD study examines pharmaceutical pricing policies, pricing data, and innovation


On April 16, Elizabeth Docteur presented the results of a forthcoming OECD Health Division study of different national pricing policies; their effects on international price levels for drugs; and their effect on future pharmaceutical innovation. As drug pricing information becomes more available to policymakers, prices have started to converge, a fact that has influenced industry pricing strategies.

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Investigating the Intersection of Intellectual Property and Gender at WCL


Nearly seven years ago, my colleague Josh Sarnoff and I came to WCL to join a pioneering collaboration between IP scholars Peter Jaszi and Christine Farley and feminist and clinical scholar Ann Shalleck to help them launch one of the nation’s first intellectual property law clinics. One of the natural, wonderful and wacky by-products of this intense working group and its pooled expertise in intellectual property and gender issues was the idea for a symposium series focusing on the largely unexplored intersection of intellectual property and gender.

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