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intellectual property


Canada blinks in face of US/Pharma pressure
The cool reasoning of the Canadian Supreme Court does not acknowledge or reference “external” pressures or the Eli Lilly v. Canada ISDS case. However, courts do not decide cases in a vacuum. This case seems to have been decided in a pressure cooker.
More trouble for Canada-EU trade deal, as drug changes delay implementation
Goal of implementing most of CETA this summer slips farther from reach.
Chamber of Commerce calls for stronger IP under NAFTA
The US Chamber of Commerce, a federation representing more than three million businesses, has called for stronger IP provisions in the renegotiation of the North American Free Trade Agreement.
NAFTA’S Chapter 19 a potential big issue
Canada and Mexico should push very hard to preserve Chapter 19 of the original NAFTA agreement, which created a mechanism to resolve disputes over anti-dumping and countervailing duty measures, a former Mexican official said.
MSF response on the India-EFTA free trade agreement negotiations in Liechtenstein this week
Through this deal, Swiss pharmaceutical corporations are working to erode India’s ability to produce and supply generic medicines for people across the developing world.
Avoid changing TPP-related laws that damage the health of Malaysians
The Consumers’ Association of Penang calls on the Malaysian government not to make changes to the law relating to intellectual property rights to comply with the Trans-Pacific Partnership Agreement.
US to ask Argentina to expedite approval for patenting of seeds
The opening of the US market to Argentine beef exports and its continued openness to biodiesel from this country will be made conditional on a demand that Argentina change its legislation to expedite the approval of patents on seeds waiting in the pipeline.
Reject RCEP and reject unjust trade deals
Trade Justice Pilipinas expresses its opposition to the Regional Comprehensive Economic Partnership agreement or RCEP
MSF response on RCEP negotiations in the Philippines
Negotiators must protect public health safeguards that enable developing countries like India to keep supplying life-saving affordable medicines for millions of people worldwide.
TRIPS flexibilities under threat from investment disputes: a closer look at Canada’s “win” against Eli Lilly
Although Canada won in a unanimous decision, the ruling does not, however, guarantee domestic discretion going forward, contrary to the suggestion of some.
The expanding universe of IP
Granting data exclusivity for clinical trials would undermine access to medicines.
CETA bringing changes to pharma patents in Canada
A certificate of supplemental protection provides up to two years of additional protection after expiry of a patent.
Treating intellectual property as an investment, and subjecting it to treaty arbitration, can have undesirable impact
Free trade agreements tend to treat intellectual property as an investment made by investor corporations, allowing private investment disputes to be raised against the host country.
Compulsory licensing in Colombia: Leaked documents show aggressive lobbying by Novartis
Confidential documents obtained by Public Eye show that Novartis has threatened Colombia with international investment arbitration under its BIT with Switzerland to avoid the issuance of a compulsory license
Gilead Pharma corp withdraws investment arbitration after Ukraine agrees to settlement of dispute over monopoly rights to market anti-viral drug
Ukraine has settled a dispute with American pharmaceutical company Gilead Sciences Inc., following the company’s pursuit of legal remedies in both domestic courts and via investment arbitration.
Pharmaceutical giant threatens to drag Government before corporate tribunal
Novartis battle against Colombian Government highlights the threats to public health posed by the outrageous investor-state dispute settlement regime and bad “trade” deals.
Proposed trade pact clause on intellectual property could endanger India’s TB programme
A draft of the Regional Comprehensive Economic Partnership agreement reveals three clauses that could potentially hurt production of important generic drugs
Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine
The Tribunal found that Eli Lilly had failed to demonstrate that the promise doctrine constitutes a fundamental or dramatic change in the utility requirement under Canadian patent law or that the promise doctrine is arbitrary and/or discriminatory.
What to watch out for in the EU-Mercosur FTA negotiations: consequences for access to medicines
Some of the main TRIPS-plus measures historically pushed for by countries such as the United States or the EU are being again proposed at the EU-Mercosur FTA.
Switzerland wants stricter intellectual property rules in India that could harm generic drug makers
Switzerland is pushing for tighter patent protection, data exclusivity and dropping compulsory licencing under a new free trade agreement.