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Full-Text Articles in Intellectual Property Law
Settlement Of India/Eu Wto Dispute Re Seizures Of In-Transit Medicines: Why The Proposed Eu Border Regulation Isn't Good Enough, Brook Baker
Brook K. Baker
European Customs officials have used fictive patent rights to justify the seizure of lawful generic medicines produced in India and destined for non- European markets. Following a public outcry and initiation of two WTO complaints, the EU has proposed amendments to Border Regulations Measure 1383/2003. The Proposed Border Regulation in its current form will not adequately resolve the risk of interception in Europe of medicines lawfully manufactured and exported from India and destined for lawful import and consumption in a non-EU country. This analysis concludes that multiple weaknesses remain in the Border Regulations, including: (1) continued coverage of alleged patent …
Acta - Risks Of Third-Party Enforcement For Access To Medicines, Brook Baker
Acta - Risks Of Third-Party Enforcement For Access To Medicines, Brook Baker
Brook K. Baker
In its current near-final draft form, the Anti-Counterfeiting Trade Agreement [ACTA] being negotiated plurilaterally—and largely secretly—by a self-selected group of countries proposes to allow preliminary and final injunctive relief against third parties (third-party enforcement) to prevent infringement of intellectual property rights and/or to prevent infringing goods from entering into the channels of commerce. There is lingering uncertainty whether the relevant civil enforcement section will apply to the entire range of intellectual property rights or whether patents will be excluded. If patents are excluded, the dangers in ACTA would be reduced but not eliminated—new globalized forms of third-party enforcement would still …
Leaked Tpp Investment Chapter Presents A Grave Threat To Access To Medicines, Brook K. Baker
Leaked Tpp Investment Chapter Presents A Grave Threat To Access To Medicines, Brook K. Baker
Brook K. Baker
The leaked Trans-Pacific Partnership Investment Chapter has been analyzed extensively with respect to its dangerous intellectual property protections and enhanced enforcement mechanisms and its equally dangerous extra-judicial investor-state dispute settlement (ISDS) provisions. In contrast, this analysis focuses on the particular risks of the Investment Chapter with respect to access to medicines because of the direct and indirect inclusion of IPRs in the Chapter’s coverage. These risks are cumulative because of other provisions in the proposed US IP chapter that would strengthen, broaden, and lengthen intellectual property rights with respect to pharmaceutical patent, data, and pricing provisions and that would expand …