COMPLIMENTS OF THE SEASON

AND ALL THE VERY BEST FOR 2007 TO YOU ALL

Ad break: Gowers Review - Challenges for Scotland - 7 Feb 2007

7th February 2007
Open Forum: Gowers Review
Gowers Review of Intellectual Property: Challenges for Scotland

Presentations from a distinguished panel of experts followed by open discussion.
6-8pm, Lecture Theatre 175, The University of Edinburgh, Old College, Edinburgh.

No booking required but places limited to capacity of lecture theatre. Doors open from 5.30pm. All welcome.

Scottish Competition Law Forum

Writing and Christmas preparations distracted me from reporting the highly successful first anniversary event of the SCLF. Can do no better than refer you to the excellent linked report.

I did indeed say a few words, focussing on the value of the forum in combining lawyers, academics, business people, economists and regulators - and of course gave our project a plug. Both key note speakers were excellent. I look forward to future years of the forum.

Gowers in all its glory

Here it is. I like the focus on balance, the keeping of the 50 year sound recording term, and proposals for private copying exceptions without a levy. Also welcome (in respect of large scale piracy and counterfeiting) more resources for criminal prosecutions - hopefully new exceptions should avoid these being focussed on more legitimate users of IP protected works - the report does seem to recognise the need for this. Also like broader research exemption for patents - although will wait and see what it actually says.

WHO: IP and Health

Thanks to IP Watch for details of this important meeting. Although it sounds as if little of substance is being achieved as yet, the fact the meeting is taking place is a major step forward. We look forward to the contribution of the Working Group in the years to come.

Pre - Budget, Pre - Gowers

Here's the most detail I can find so far on what Gowers recommends (see p 64!) Looks fairly sensible, but that's only on the basis of the boxed summary. Look forward to getting into the detail.

Compulsory Licensing

Thanks to the IPKat and Reuters for report of compulsory licenses ordered in Thailand in respect of a Merck patented HIV/AIDS drug. So far the debate seems to be proceeding along the usual lines: MSF and Thailand arguing they need the drugs more cheaply, Merck saying this was done without consultation, that it makes no profit on this drug in Thailand, and that compulsory licensing should be imposed as a last resort. Merck does have an established CSR programme in respect of HIV/AIDS http://www.merck.com/cr/enabling_access/developing_world/hiv/home.html

TRIPS, of course, permits countries to impose compulsory licences in such situations: but it has never been quite as simple as that. What comes next - back to the WTO DSS? Bilaterals? Or recognition that this is an acceptable balance.

WTO GM Biotech: panel decision

One deadline out of the way, am catching up with the WTO world.

Having seen the Shrimp/Turtle decision as a possible basis for a human rights based interpretation of TRIPS, consistent with both article 7 and 8 TRIPS and our project aims, I was disappointed with the panel decision in Biotech. The length of the decision has defeated my printer, so the pleasure of a full read awaits me. Thanks, therefore, to "trade-environment" for their excellent collection of resources. I found particularly helpful Currie's analysis for Greenpeace and Genewatch's letter to Peter Mandelson regarding an appeal.

The panel has adopted a very narrow approach to interpreting and applying WTO agreements, and chosen to take little account of other international agreements. Further international fragmentation, and a trade focussed approach of the WTO DSS seems to beckon.