News & Analysis as of

World Trade Organization TRIPS Agreement

Kidon IP

Response to the USPTO, The ITA, and NIST call for Public Comments on Standards, Part 2 of 7

Kidon IP on

On November 6, 2023 I submitted a response to the public comments which can be found here.  I have also included my comments in full on this blog in a series of posts including the below.  The only change in my submission is...more

McDonnell Boehnen Hulbert & Berghoff LLP

International Trade Commission Issues Report of COVID-19 IP Waiver

It came as something of a shock in May, 2021 when the Biden administration voiced support for waiver of intellectual property protection mandated under the TRIPS agreement for COVID-19 vaccines (see "Biden Administration...more

Akin Gump Strauss Hauer & Feld LLP

Tech Transfer in the WTO—What’s in It for Africa? And for the Rest of the World?

The “African Group” in the World Trade Organization (WTO) is pushing for discussions—and potentially renegotiation of international trading rules—on how developing countries do and can acquire technology to build resilience...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Trade Representative Releases 2023 Special 301 Report

On April 26th, Ambassador Katherine Tai, U.S. Trade Representative (USTR), issued the 2023 Special 301 Report.  In a press release, the USTR stated that "[i]nnovation and creativity are at the heart of American...more

Akin Gump Strauss Hauer & Feld LLP

The EU IP Harmonization Package to Include EU-wide compulsory License

Key Points - The EU aims to harmonize patent protection rules and flexibilities with a layer on top of national rules. This is in line with long-term efforts by the EU institutions to harmonize patent rules and motivated,...more

Ballard Spahr LLP

Comments Deadline Looms for Proposed TRIPS Waiver Expansion

Ballard Spahr LLP on

Summary - The U.S. International Trade Commission (USITC) is soliciting public comment on the proposed expansion of a June 2022 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property...more

King & Spalding

U.S. International Trade Commission to Investigate Potential Waiver of International Intellectual Property Rights for COVID-19...

King & Spalding on

On February 1, 2023, the U.S. International Trade Commission (the “ITC”) initiated an investigation into the impact of intellectual property (“IP”) rights on the production, supply, and availability of diagnostics and...more

Akin Gump Strauss Hauer & Feld LLP

WTO MC13 Should Take Inspiration from UAE Success

At the end of last year, World Trade Organization (WTO) members agreed that the 13th Ministerial Conference (MC13) of the WTO will take place in Abu Dhabi, the capital of the United Arab Emirates (UAE), in February 2024....more

McDonnell Boehnen Hulbert & Berghoff LLP

WTO TRIPS Council Recommends That General Council Extend Waiver Deadline

On December 16, the Council for Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization (WTO) issued a report recommending that the General Council extend the deadline by which the WTO would...more

McDonnell Boehnen Hulbert & Berghoff LLP

Nine Countries Seek Extension of WTO Waiver to COVID-19 Therapeutics and Diagnostics

On December 6, the same day that the U.S. Trade Representative issued a statement on the June 17, 2022 Ministerial Decision that authorized developing Members to use the subject matter of a patent required for the production...more

Akin Gump Strauss Hauer & Feld LLP

USTR Announces Support for Extending TRIPS Waiver Expansion Discussions and Launches USITC Investigation

Key Points - On December 6, days before a deadline for WTO members to decide whether to expand the TRIPS waiver for COVID-19 vaccines to cover COVID-19 diagnostics and therapeutics as well, the Office of the USTR...more

McDonnell Boehnen Hulbert & Berghoff LLP

Status of Proposed Extension of TRIPS Waiver in WTO

It is often observed (or asserted) that a fair compromise in a dispute has likely been reached when both sides are not particularly happy about it.  This is not always the case, of course, and is more likely not to be the...more

Haug Partners LLP

Just The Beginning For Patent Waivers? WTO Issues Precedential Decision Sending Shock Waves Throughout the IP World

Haug Partners LLP on

Overview - In March 2020, the world was upended and faced with unimaginable challenges. The COVID-19 pandemic posed threats that had not been experienced in the United States since the smallpox epidemic over 100 years...more

Sunstein LLP

WTO Authorizes Partial TRIPS Waiver For Covid-19 Vaccines

Sunstein LLP on

As we previously reported, some members of the World Trade Organization (WTO), including India and South Africa, had called for a waiver of intellectual property enforcement on COVID-19 pandemic-related diagnostic kits,...more

Knobbe Martens

WTO Agrees to Partial Patent Waiver for COVID-19 Vaccines

Knobbe Martens on

On June 16, 2022, the World Trade Organization (WTO) agreed to a partial waiver of intellectual property rights related to COVID-19 vaccines. The agreement came on the heels of an all-night negotiating session. The agreement...more

A&O Shearman

Breaking: Global COVID-19 IPR waiver approved

A&O Shearman on

Last Friday 17 June 2022, the WTO member states came to an agreement on the long negotiated TRIPS Waiver. In its annual 6 days conference (the Ministerial Conference), the WTO member states agreed that all developing country...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Chamber of Commerce Supports House and Senate Legislation Prohibiting Biden Administration from Negotiating Modifications to...

Earlier this month, the U.S. Chamber of Commerce sent a letter to members of Congress indicating that the Chamber "strongly supports" recent House and Senate legislation that the Chamber noted "would prohibit the...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Proposed WTO IP Waiver: Just What Good Can It Do? -- An Analysis

As posted Monday, BIO (the Biotechnology Innovation Organization) provided a link to the supposed compromise agreement reached recently to permit WTO member states to waive patent protection for "subject matter required for...more

McDonnell Boehnen Hulbert & Berghoff LLP

IP Associations "Concerned" by Reports of TRIPS Waiver Compromise

Earlier today, the American Intellectual Property Law Association (AIPLA), Intellectual Property Owners Association (IPO), Licensing Executives Society (LES) International, LES USA & Canada, and New York Intellectual Property...more

McDonnell Boehnen Hulbert & Berghoff LLP

More on Leaked WTO COVID-19 Vaccine Patent Waiver Compromise

A Reuters report published last week indicated that the United States, European Union, India, and South Africa had reached an agreement on a waiver with respect to patents for COVID-19 vaccines.  The text of the compromise...more

McDonnell Boehnen Hulbert & Berghoff LLP

Compromise Reportedly Reached on COVID-19 Vaccine Patent Waiver

According to a Reuters report published earlier today, the United States, European Union, India, and South Africa have reached an agreement on a waiver with respect to patents for COVID-19 vaccines...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sen. Tillis Writes to U.S. Trade Representative (Again) Regarding TRIPS Waiver

Earlier this month, Sen. Thom Tillis (R-NC), the Ranking Member of the Subcommittee on Intellectual Property of the Senate Committee of the Judiciary, wrote to United States Trade Representative Katherine C. Tai to express...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Trade Representative Responds to Letters from Senators Regarding TRIPS Waiver

Last week, United States Trade Representative Katherine C. Tai responded to a series of letters sent by a group of Senators regarding a proposal by India and South Africa to waive certain provisions of the World Trade...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Chamber of Commerce Urges Administration to "Double Down" on Global Vaccine Distribution

In a letter sent to U.S. Trade Representative Katherine Tai last week, the U.S. Chamber of Commerce expressed disappointment that the Biden Administration "continues to entertain actions, such as a waiver of the TRIPS...more

Polsinelli

During a Global Health Crisis, IP Rights Are Getting a Bad Rap

Polsinelli on

Four months ago, the U.S. became one of 100 countries supporting the proposal presented a year ago to the World Trade Organization (WTO) by India and South Africa that intellectual property protection for COVID-19 vaccines be...more

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