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International Trade Commission Issues Report of COVID-19 IP Waiver | McDonnell Boehnen Hulbert & Berghoff LLP

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...

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WTO TRIPS Council Recommends That General Council Extend Waiver Deadline | McDonnell Boehnen Hulbert & Berghoff LLP

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...

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Status of Proposed Extension of TRIPS Waiver in WTO | McDonnell Boehnen Hulbert & Berghoff LLP

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...

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U.S. Chamber of Commerce Supports House and Senate Legislation Prohibiting Biden Administration from Negotiating Modifications to WTO TRIPS Agreement Without Congressional Authorization | McDonnell Boehnen Hulbert & Berghoff LLP

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...

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Senators Send Letter to Commerce Secretary Regarding WTO Waiver Compromise | McDonnell Boehnen Hulbert & Berghoff LLP

Last week, Senators Thom Tillis (R-NC), Tom Cotton (R-AR), and Marsha Blackburn (R-TN) sent a letter to Secretary of Commerce Gina Raimondo (at right) to express their "grave concerns...

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More on Leaked WTO COVID-19 Vaccine Patent Waiver Compromise | McDonnell Boehnen Hulbert & Berghoff LLP

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...

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Compromise Reportedly Reached on COVID-19 Vaccine Patent Waiver | McDonnell Boehnen Hulbert & Berghoff LLP

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...

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Top Three Stories of 2021 | McDonnell Boehnen Hulbert & Berghoff LLP

After reflecting upon the events of the past twelve months, Patent Docs presents its 15th annual list of top patent stories. For 2021, we identified nine stories that were covered on...

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Sen. Tillis Writes to U.S. Trade Representative (Again) Regarding TRIPS Waiver | McDonnell Boehnen Hulbert & Berghoff LLP

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...

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U.S. Trade Representative Releases 2021 Special 301 Report | McDonnell Boehnen Hulbert & Berghoff LLP

To embed, copy and paste the code into your website or blog:
Or maybe not. On April 30th, Ambassador Katherine Tai, U.S. Trade Representative (USTR), issued the 2021 Special 301 Report. In a press release, the USTR stated that "[i]ntellectual property rights incentivize our creators, manufacturers, and innovators to invent new products and technologies." The press release notes that the review period underlying the Report took place during the COVID-19 pandemic, "the largest global health crisis in more than a century." Consistent with recent decisions (including support for the proposed WTO IP waiver;
The top priority of the United States is saving lives and ending the pandemic in the United States and around the world. As affirmed in the Doha Declaration on the TRIPS Agreement and Public Health, the United States, while recognizing the role of intellectual property (IP) protection in the development of new medicines, respects a trading partner's right to protect public health and, in particular, to promote access to medicines for all.

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