African NGO Forum Passes Resolution on the Right to Access to Needed Medicines

A resolution calling on the African Commission on Human and Peoples’ Rights to recognize human rights to access needed medicines was passed by at a meeting of African Human Rights organizations in Abuja, Nigeria, on November 10. The resolution calls on the Commission to recognize duties to respect, protect and fulfill rights to access to medicines, including by taking “full advantage of all flexibilities in the WTO Agreement on Trade Related Aspects of Intellectual Property that promote access to affordable medicines.”

More... (Comments: 2)

Final Draft Resolution: Right to Access Needed Medicines

We invite your comments on the final draft resolution on human rights and access to medicines in Africa, which will be presented for consideration to the NGO Forum meeting in Abuja (Nigeria) November 8, 2008, on the occasion of the 44th Ordinary Session of the African Commission on Human and Peoples’ Rights (African Commission). The resolution requests the African Commission to adopt a resolution recognizing the human right to access to needed medicines and clarifying the duties imposed by the right.

More... (Comments: 4)

Yes We Can: Obama Campaign Sued for Trademark Infringement by National Canning Center

The National Center for Home Food Preservation and Canning is suing the Obama campaign for using its trademarked slogan, “Yes, We Can.” Although a former president of the DC trade association claims that the “slogan is known all over the country for just one thing: Canning,” this case presents the issue of reverse confusion because Obama’s junior use of the slogan is probably known nationwide, while most people probably have not even heard of the senior user’s existence.

More... (Comments: 0)

Daniel Gervais Gives Fourth Annual Finnegan Lecture at WCL

300x200 pix

On October 21, 2008 Daniel J. Gervais addressed a room full of students, faculty and IP practitioners at the Washington College of Law on the subject of 'TRIPS 3.0' - the future of multilateral intellectual property negotiations and international norms.

More... (Comments: 0)

Draft Resolution on the Right to Medicines

We invite your comments on this draft NGO resolution on human rights and access to medicines that will be presented for adoption at the NGO Forum preceding the 44th Ordinary Session of the African Commission in Abuja, Nigeria from the 10th-24th of November. The NGO meeting will be November 7-9th, and we will be presenting the resolution to the Forum on November 8th. This resolution arises out a partnership between PIJIP and the Human Rights Clinic at American University and the University of Pretoria’s Centre on Human Rights to develop human rights strategies to promote access to medicines in Africa. Through this public blog, we invite you to submit any comments on the resolution in the reply section of the blog. We will be finalizing the draft the week of October 27, and ask that you review the draft beforethen if you are able. We will also be asking for NGO endorsements of the final document, which you can submit to me directly or post to the blog any time before November 5. Please feel free to distribute this widely among interested advocates.

More... (Comments: 1)

Law Professors Defend NIH Policy

I want to thank my colleagues in the legal academy who responded to the AAP's unfounded legal attack on the NIH Public Access Policy by deflecting the TRIPS Hammer with a straightforward explanation of why TRIPS does not apply to the NIH policy. NIH is fully respecting copyright - an author's right. This blog contains their letter to House Judiciary Committee Chairman John Conyers.

More... (Comments: 0)

WTO Issues Panel Report in Dispute Brought Against China by the US Over Enforcement of Intellectual Property Rights

The WTO has issued a panel report in China — Measures Affecting the Protection and Enforcement of Intellectual Property Rights, a dispute brought by the United States last year. News reports indicate that the panel report is a split decision.

More... (Comments: 0)

McCain’s YouTube Takedown Inspires Fair Use Fervor

There’s nothing like a misfired copyright claim to make a presidential campaign see the value of fair use. After finding several of its campaign videos removed from YouTube for copyright claims, the McCain-Palin campaign has fired off an eloquent defense of fair use — and another illustration of where the DMCA’s counter-notification process falls short.

More... (Comments: 0)

Google Has Lost the Right to Gmail Name in Germany

Gmail users in Germany were surprised this summer when instead of gaining access to their email, they were greeted with the following message: "We can't provide service under the Gmail name in Germany." ... Although the service is one of the most popular mail solutions on the Internet, it seems like the company must rename the product in multiple regions after some companies sustained that Gmail is a registered trademark.

More... (Comments: 0)

The TRADE Act of 2008's Provisions on Intellectual Property and Access to Medicines

Rep. Michaud's legislation includes rules on what provisions can and cannot be included in future Free Trade Agreements. An item on health within the intellectual property section makes a specific reference to "terms relating to patents," which may not cover all of the FTA provisions that block generic competition, but another provision includes broader language that could apply to other forms of intellectual property.

More... (Comments: 0)