Thiru Balasubramaniam

KEI Europe comments on the European Commission’s revised framework for compulsory licensing of patents

31 July 2023 Knowledge Ecology International Europe’s (KEI Europe) comments on the Commission’s proposal for a regulation on compulsory licensing addresses the following issues. The regulation should not be limited to an emergency.   The exceptions for regulatory data protections and market exclusivity are important.  The exceptions can be implemented under Article 44.2 of TRIPS, more …

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KEI Europe submission on the European Union’s revised framework for compulsory licensing of patents

On 29 April 2022, Knowledge Ecology International Europe (KEI Europe) made the following submission on the European Union’s revised framework for compulsory licensing of patents. 1. In the European Union (EU)’s revised framework for compulsory licensing of patents, the EU anticipates establishing an EU-level compulsory licence for use in a crisis, acknowledging that a patchwork …

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2022: USTR takes aim at Europe over pharmaceutical pricing and reimbursement policies

On 31 March 2022, the Office of the United States Trade Representative (USTR) published its 2022 National Trade Estimate Report on Foreign Trade Barriers (NTE). As USTR notes in “accordance with section 181 of the Trade Act of 1974, as amended by section 303 of the Trade and Tariff Act of 1984 and amended by section …

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Civil Society Letter to European Union on the reported draft text of the TRIPS Waiver negotiation

On 30 March 2022, 42 global and European civil society organizations (including KEI Europe) wrote an open letter calling on the European Union to “refrain from rushing WTO members to rapidly adopt a purported proposal on intellectual property rights and COVID-19.” The full text of this letter can be found here: http://keieurope.org/wp-content/uploads/2022/03/CS-Letter-on_Leaked-Waiver-Text-3.pdf For detailed analysis …

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European Parliament’s Committee on International Trade (INTA) adopts resolution on Multilateral negotiations in view of the 12th WTO Ministerial Conference in Geneva, 30 November to 3 December 2021

On Tuesday, 9 November 2021 the European Parliament’s Committee on International Trade (INTA) convened an extraordinary meeting from 9:00 to 12:00. INTA adopted resolution on Multilateral negotiations in view of the 12th WTO Ministerial Conference in Geneva, 30 November to 3 December 2021. The co-rapporteurs for this resolution include Bernd Lange (S&D) and Sven Simon …

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KEI Europe comments on the European Health Emergency Preparedness and Response Authority (HERA) roadmap

KEI Europe comments on the European Health Emergency Preparedness and Response Authority (HERA) road map 24 February 2021 Whilst calls for better coordination in the EU pandemic response are welcome, HERA must put the global right to health, rather than regional biosecurity concerns, at its heart. Rapid operationalisation, as demanded by global public health needs, …

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The European Commission action plan on intellectual property – Of COVID-19, TRIPS, EU BARDA, march-in rights, patent pools, and compulsory licensing

Update: On Wednesday, 25 November 2020, the European Commission published its IP action plan:  Making the most of the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience. KEI Europe’s President, Dr. Ellen ‘t Hoen provided the following reaction to the European Union’s action plan on intellectual property. …

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KEI Europe comments on the European Commission’s roadmap for an Intellectual Property Action Plan

14 August 2020 Compulsory licensing in the Unitary Patent System.  There should be a provision for a unitary compulsory license in the unitary patent system, that is without prejudice to national compulsory licenses on the unitary patent right.   Non patent market exclusivities.  Sui generis exclusive rights regimes, such as but not limited to regulatory test …

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